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HomeMy WebLinkAbout2005-10-17 (Regular) Meeting Agenda Packet/ .. ·• • • • !,.._.._1 I ' I • I I l~ .. ·.·· : ., . • . . , .. .. . . ... Regular City Council 0 Meeting October 17, 2005 Ordinance II /. /. Y, ~ ;l, /. Y, Y, sJI J/ Resolu<ion ~ ~ ~ ~ ~ ~• 86, 87, 88, 89 ' ... ~------, -~ '.~ . • ' ~ . ' 0 •• .. .I-, •· • 0 ENGLEWOOD CITY COUNCIL ENGLEWOOD,ARAPAHOECOUNTY,COLORADO Regular Session October 17, 2005 I. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7 :3 3 p .m. 2 . Invocation The invocation was given by Council Member Barrentine. 3. Pledge of Allegiance Cub Scout Troop 172 presented the Colors and led the Pledge of Allegiance . Mayo r Garrett said thank you very much. Council Member Bradshaw said very nice job. Mr. Steve Yates said thank you City Council, I am the Pack Leader and this is Chris Stibbs, another leader with our Troop. We would like to honor you with a Pack cheer for all of your hard work in making this City run. The Pack gave the cheer and there was applause. Mayor Garrett said thank you for coming this evening. Mr. Ya1es said thank you . 4 . Roll Call Present : Absent: A quorum was present . Also present: Council Members Tomasso, Moore, Barrentine , Garrett, Bradshaw , Wolosyn, Woodward None City Manager Sears Ci ty Attorney Brotzman Assistant City Manager Flaherty City Clerk Ellis Deputy City C lerk Bush Director Olson, Safety Services Fire Marshal Greene, Safety Services Director Gryglewicz , Finance and Administrative Services Manager Stitt, Community Development Director Eaton, Human Resources Directer Kahm, Public Works Director Fonda , Utilities Director Long , Library Police Lie utenant Sanchez, Safety Services Fire Capta •n Pattaro zzi, Safety Services 5. Consideration of Minutes of Previous Session (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES or THE REGULA R CITY COUNCIL MEETING or OCTOBER 3, 2005. ' . ... . . • • • ~- Englewood City Council October 17, 2005 Page2 ·•· • Mayor Garrett asked if there were any comments or corrections. There were none . Vote results: Ayes : Nays : Motion carried. Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None 6. Recognition of Scheduled Public Comment (a) Eric Bertoluzzi, 4860 South Galapago Street, said, I Chair the City's Cultural Arts Commission and the Urban Renewal Authority . Tonight I am here representing the Englewood Cultural Arts Center Association, also known as Englewood Arts. As you know, our organization has participated in the drafting of a unique and important agreement that, among other things, requires us to present a substantial number of arts events in the c ultural space, during each year of the agreement. We arc prepared and cager to fulfill this obligation with a series of diverse artistic. educational and entertaining experiences designed to provide the City with cultural enrichment. The agreement also requires a contribution of $75,000.00 from Englewood Arts. I am pleased to announce that we have raised the money and we arc looking forward to presenting it to the City, following Council's approval of the agreement. Just a personal note .. .I think it is pretty remarkable that an organization as young as o ur s was able to succeed in rai si ng thi s significant sum of money in less than a month from the time we announced our mini -capital ca mpaign. I would like to thank Mike Flaherty and the Chair of Englewood Arts, Jim Copenhaver, for dedicating their expertise in composing the agreement. And sincere thanks are also due to the team of highly qualified professio nals who have guided the process of designing the cultural space ... most notably Rick Kahm, Jerrell Black and Dave Henderson. Now it gives me great pleasure to introduce the treasurer of the Englewood Arts, Gary Kring. who would like to make just a few remarks . Mr . Kring said I a m also here, not only as the treasurer of Englewood Arts, but I am also the President of the Schramm Foundation . The Schramm Foundation is the largest single donor toward this $75,000.00 project. The Schramm Foundation has been giving money throughout the Colorado area for approximately 20 y=s and we have, generally speaking. been in a project of giving a few thousand dollars to many organizations. Typically, we will give anywhere from two to five thousand dollars to about 70 or 80 organizations and this year wc received over 200 grant requests. Certainly. one of the grant requests that interested us most was the grant request from Englewood Arts. We see thi s project as Schramm being able to step forward to support a unique project for a unique co mmunity . We were especially pleased that the City of Englewood. Englewood Arts and the Englewood School Dis trict has come together to present a viable arts program for the students in the City of Englewood. We believe th at th is room. whe n completed . will provide many enjoyable experiences ... first for the residents of the City of Engl ewood, but also for peo ple thro ugho ut the entire Denver area . I am pleased to also announce that besides the gift from the Schramm Found ation ofSS0.000.00. there are several other major gifts that we were able to raise, as Eric said. in a relatively sho rt period of time . First, we have the George Shields Foundation, through its President, 'Bruce McDona ld . who contributed $10,000.00. We have .Betty Robinson, an Englewood resident in the audience, who gave us $10,000.00. We have Up Close and Musical , another non-profit organization, who will be a significant user of th is space, gave us $2 ,500.00. We have Ms. Butler a nd Jeff Shoemaker, two of our Board members that each contr ibuted $1 ,000.00. So. agai n. as Eric said, the fact that we were able to raise thi s money in a relatively short period of time . I a m extremely pleased that we were able to do that . We congratulate the City on moving forward wi th thi s projec t and I perso nall y look fo rward to many great times here. Thank you . 7. Recognition or Unscheduled Public Comment (a) Rac hel Lord. 1017 Penh Street. Aurora, said I thi nk we arc on the third draft of the renexology ordinance. I want to thank the Council for working with the reflexology community, because I think we are j ust about there . It is lookin g good . There arc just three m inor points that I wanted to point o ut to everybody tonight . Hopefu ll y. these can be resolved and ma ybe wc can even have the first reading ... I don't know what your proced ure is. but here are my three points . They arc pretty simple . I think . The first one ... we had already decided to add th e word ·'eA terna l ear" to the definition ... worki ng on the feet. and the hands and the external car . And there ,s JUSt o ne place where it was o mitted , it was accidentall y omitted. that word, and it is in the definition of t -.. .. • • Englewood City Council October 17, 200S PageJ reflexology and then right under the definition it says "Rcflcxologist/Rcflcxology Practitioner" and the word "external car" isn't in there. It just says car. so we need to add that for consistency. Then the next one is under the "Educational requirements" ... under "(C) (2) (i)" and it has to do with the number of hours. It asks for 200 hours of training, including a minimum of 100 hours of supervis.:d class instruction in reflexology and it wasn't 100, it was 110 ... when it talked about according to the American Reflexology Certification Board standards .. .it was 110, so we wanted to be consistent there and change the 100 to 110. Then the very last one was where we included the Transitional Period in Section 2, on the last page ... it is the people who haven't quite met the educational standards, this is the grace period that we are talking about, where people can get up to snuff on their educational standards. It says they need to show evidence of completion and it really should say ... of a reflexology program ... not a certified program, because there are so many different programs out there. If we just say that they have had some training to show that they can do reflexology and then have this grace period to get up to the educational standards that we stated before. That seems adequate to me. Council Member Bradshaw said so you want to strike the word "certified"? Ms. Lord said yes, I am just asking to take that word "certified" out and just say "evidence of completion of the program" because there are many different programs out there ... and just saying they have had some basic training in reflexology and now they can go out and get what we are asking them to have in the ordinance. Those are my three points and I think they are prcuy simple and straight forward and hopefully we can just .. .I don't know ... maybe have a meeting tonight on this . Mayor Garrett said it is on the agenda and we will talk about it when we get there. Ms. Lord said that would be great. and once again, thank you for all your cooperation and interest in this. As a community, we really appreciate all you have done. Mayor Garrett said thank you very much. 8. Communications, Proclamations and Appointments (a) Proclamation declaring October 2005 as "Meet the Blind Month" as sponsored by the National Federation of the Blind was considered. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING OCTOBER 2005 AS "MEET THE BLIND MONTH" AS SPONSORED BY THE NATIONAL FEDERATION OF THE BLIND. Mayor Garrett asked if there was any discussion. There was none. Ayes : Nays: Mo ti on carried . Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None Mayor Garrett presented the proc la mation to Jeremiah Beasley, President of the NFB of Denver, and Brent Batron, NFB Board Member. (b) Proclamation declaring the week of October 17 -21 , 2005 as Fire Prevention Weck was considered . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING THE WEEK OF OCTOBER 17 • 21, 2005 AS FIRE PREVENTION WEEK. Mayor Garrett asked if there wa s any disc uss ion. There was none. Ayes : C o uncil Members Bam:ntinc. Moore, Bradshaw, Garren, Wolol;yn, Woodward. Tomasso ' . .. • • Englewood City Council October 17, 2005 Page4 Nays : None Motion carried. Mayor Garrett presented the proclamation to Fire Marshal Greene. Fire Marshal Greene said I have a few comments to make before we get on with the real fun stuff of presenting awards. A little bit about Fire Prevention Weck. This marks the anniversary of the Great Chicago Fire of 1871. That fire burned for several days, claimed more than 250 lives and destroyed more than 17,000 buildings in Chicago. From that came the Chicago Building Code, that outlawed any structures being built out of wood, which I believe is still in place today. They can only be built out of masonry. There have been several other tragedies that have occurred, such as the 1911 Triangle Shirtwaist Factory fire that claimed 145 victims. From that fire, in conjunction with the Coconut Grove nightclub fire of 1942 that claimed 491 victims, came a lot of our requirements for exiting out of buildings and the requirements for exit doors not to be locked or blocked. These arc just a few of the major tragedies that prompted much needed reform in focusing public education on fire prevention and fire safety. In 1911 the Fire Marshals Association of North American proclaimed the nations first Fire Prevention Day . Then in 1925, President Calvin Coolidge declared Fire Prevention Weck as an official national observance. This year the theme is "Use Candles with Care". This was especially important in Englewood. In the last three years, we have suffered three house fires attributed to the misuse of candles. The Fire Division held presentations in six schools and this year the team was : Brian Baker known as Chuckles the Chief, Greg Weaver known as Bunker, Jay McCann known as Tiller and Mike Osgood, who unfortunately could not be here tonight, who also dealt with Sparky. They will be coming up to help us with the presentation tonight along with some other "victims". The students were asked to make a poster about fire prevention. The poster contest this year was sponsored by the Burt Automotive Group. For the last several years, the judges have been very well respected members of the community and this year was no exception. This year we were lucky enough to have : Mayor Pro Tcm Olga Wolosyn, again , Council Member Beverly Bradshaw, again and thank you very much, A.J. Guanclla, Vice President Burt Chevrolet, showed up to help us judge. He was also an Englewood resident and went to Englewood Schools so it was really special to have him here . Deborah Garrity, Director of Marketing for the Burt organization, was the contact I worked with this year and who has been absolutely incredibly generous to the Fire Prevention Weck and has been very supportive. Marshal Greene said now before I get on to the awards you probably noticed there is a banner out there from Meadow Gold Dairies. Meadow Gold, for the last several years has sponsored the awards to the classes that have had the most participation in the Fire Prevention Poster Contest. They provide ice crcanl and the firefighters take the ice cream in for an ice cream social into those classes . It is a real special time for the kids to be rewarded again for their efforts in the Fire Prevention Poster Contest. (c) Recognition of the Fire Prevention Weck Student Poster Contest Winners. Fire Marshal Greene an no unced the 2005 Fire Prevention Poster Contest Winners: Cherrelyn Elementary: I" Place-Anna Schultz, 2nd Place-Jerome Doherty, 3n1 Place-Tara Eastwood Bishop Elementary: l" Place-Annastasia Galvan, 2'"' Place-Nicole Mendoza, 3n1 Place-Kaylie Johnson Charles Hay: t" Placc-Kyndon Tarter, 2nd Place-Mikaela Long, 3n1 Place-Sage Sherman Maddox Elementary: I" Place-Tamara Comins, 2nd Place-Brittany Hall , 3n1 Place-Caitlin Rasmussen St. Louis Elementary: I" Place-Kristina Grcatorex, 2nd Place-Katie White,3n1 Place-Jade Cafasso All Souls Elementary: I" Place-Carly Buchler, 2nd Place-Melissa Brunkala, 3n1 Place-Josh Hamburg Chief Chuckles, Bunker, Tiller, Mayor Garrett and Ms . Garrity, assisted Fire Marshal Green in the presentation of the awards. The winners were each given an envelope with their cash prize . I" Place -$25.00, 2..i Place $15.00 and 3n1 Place S I0.00. All the winners were given a round of applause. Fire Mars hal Greene said I would like to invite the winners and their families to join us in the Community Room for a brief reception . • ' • • - Englewood City Council October 17, ZOOS PageS (d) Council recessed for a brief Reception in the Community Room to honor the Fire Prevention Week Student Poster Contest Winners. The meeting recessed at 7 :59 p.m. The meeting reconvened at 8: 18 p.m., with all Council Members present. 9. Consent Agenda (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading. (Sec Agenda Item 11.) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (b) (I) throap (b) (v). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 44. SERIES OF 2005 (COUNCIL BILL NO. 41, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING TITLE 5, CHAPTER 3, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO ALCOHOLIC BEVERAGES. (ii) ORDINANCE NO. 45, SERIES OF 2005 (COUNCIL BILL NO. 42. INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING THE PURCHASE OF 2394 WEST WESLEY A VENUE BY THE CITY OF ENGLEWOOD. COLORADO. (ii{) ORDINANCE NO. 46, SERIES OF 2005 (COUNCIL BILL NO. 48. INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE GRANTING THREE UTIUTY EASEMENTS TO PUBLIC SERVICE COMPANY OF COLORADO (dba Xcel Energy) FOR INSTALLATION OF NEW GAS MAINS AT 2900 SOUTH PLATTE RIVER DRIVE (Littleton/Englewood Wastewater Trcaunent Plant). (iv) ORDINANCE NO. 47, SERIES OF 2005 (COUNCIL BILL NO. 49, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING TITLE 5. CHAPTER 14, SECTION 3, ARBORIST OF THE ENGLEWOOD MUNICIPAL CODE 2000. (v) ORDINANCE NO. 48. SERIB> OF 2005 (COUNCIL BILL NO. SO, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE AMENDING TITLE 4, CHAPTER 4, OF THE ENGLEWOOD MUNICIPAL CODE 2000. PERTAINING SALES AND USE TAX. Vote results: Aye : Council Members Barrcnunc, Moon:, Bradshaw. Gamet. Wolosyn. Woodward , Tomasso Nays: None Mo 11o n earned. ' ... • • -· Englewood City Council October 17, 2005 Page6 (c) Resolution s and Motions •• " . • 0 There were no additional resolutions or motions submitted for approval. (See Agenda Item 11 .) IO . PubUc Hearing Items No public hearing was scheduled before Council. 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading (i) Director Gryglcwicz presented a recommendation from the Department of Finance and Administrative Services to adopt a Bill for an Ordinance amending the Englewood Municipal Code pertaining to Massage Therapy Licensing. He said this is a bill for an ordinance making changes to Title 5, Massage Therapy. This was discussed a couple of times with Council at Study Session and the changes proposed arc (I) exempting reflexology and reflexology practitioners, which will be addressed with the next bill for ordinance adding that and the other change we arc requesting is under Proof of Professional Liability Insurance . Mayor Garrett asked if there were any questions for Mr. Gryglcwicz. There were none. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) • COUNCIL BILL NO. 53. COUNCIL BILL NO. 53, INfRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 5, SECTIONS 2 AND 3, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO MASSAGE THERAPY EXEMPTING REFLEXOLOGISTS AND CLARIFYING INSURANCE REQUIREMENTS. Mayor Garren asked if there was any discussion among Council. There was none . Vote results: Motion carried. Ayes : Nays: Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn. Woodward, Tomasso None (ii) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to adopt a Bill for an Ordinance amending the Englewood Municipal Code pertaining to Refle xo logy Licensing. He said this bill for an ordinance adds a reflexology license to Title 5 of the Englewood Municipal Code, as discussed by Rachel Lord earlier in the evening. I'm not exactly sure how the word in the definition ..... external'· was omitted, but that should be there. and we really don't have a problem with the other recommended changes at this time. Ma yor Garren said go with the three suggestions. Mr. Gryglcwicz said this practice is actually in its infancy and I think it will evolve over time. I see changes down the road possibly. but if we add this to the Code, we can move forward from there . I think it works for the practitioners that helped us with thi and it works for the City. Ma yor Garren asked 1f there were any questions for Mr. Gryglcwicz. There were none. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM t I (a) (lil • CO NCIL BILL NO. 52. AS AMENDED. 0 CIL BILL 0 . :!, INTROD CED BY CO IL MEMBER WOODWARD .. -· • • Englewood City Council October 17, 2005 Page7 A BILL FOR AN ORDINANCE AMENDING TITLE 5, OF THE ENGLEWOOD MUNICIPAL CODE 2000 WITH THE ADDITION OF A NEW CHAPTER 8, PERTAINING TO REFLEXOLOGY . Mayor Garrett asked if there was any discussion among Council. Mayor Garrett said City Attorney Brotzman, arc you comfortable with the modifications? City Attorney Brotzman said yes . Mayor Garrett said we would like to point out, for those who arc running for office, that this will be on the agenda November 7m for second reading, so just be aware that if you arc sitting up here among us, you will get to vote on this. Council Member Barrentine said do me a favor and clarify the three? Mayor Garrett said yes. The three arc under Definitions, Section 5-8-1, Page I, adding the word "external" before the word cars under Reflexology/Reflexology Practitioner, in the second line; under Section 5-8-3 C. I ii, changing a minimum of"IOO hours" to a minimum of"l 10 hours" and then under Section 2: Transitional Period, removing the word "certified" in the third line. Council Member Barrentine said thank you. Mayor Garrett asked if there was any other discussion. There was none. Vote results: Ayes: Nays: Motion carried . Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None (b) Approval of Ordinances on Second Reading (i) Council Bill No. 43, approving the 2005 Mill Levy for collection in 2006 was considered. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I). ORDINANCE NO. 49, SERIFS OF 2005. ORDINANCE NO. 49, SERIES OF 2005 (COUNCIL BILL NO. 43, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO. Mayor Garrett asked if there wa s any discussion . There was none. Vote results: Motio n carried . considered . Ayes : Nays: , Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None (ii) Council Bill No . 44 , adopting the 2006 Budget for the City of Englewood was COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (Ii)· ORDINANCE NO. 50, SERIFS OF 2005. • • Englewood City Council October 17, 2005 Page8 ORDINANCE NO. 50, SERIES OF 2005 (COUNCIL BILL NO. 44, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE ASCAL YEAR 2006. Mayor Garrett asked if there was any discussion . Council Member Barrentine said I will be voting against it for the reasons that I stated before. I don't need to go into it again unless somebody wants to hear them. Ms. Bradshaw said no thank you . Ms. Barrentine said okay. Vote results: Motion carried. considered. Ayes : Nays: Council Members Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Council Member Barrentine (iii) Council Bill No . 45, appropriating the 2006 Budget for the City of Englewood was COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (Iii) -ORDINANCE NO. 51, SERIF.s OF 2005. ORDINANCE NO. 51, SERIES OF 2005 (COUNCIL BILL NO. 45, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD. COLORADO, FOR THE ASCAL YEAR BEGINNING JANUARY I, 2006, AND ENDING DECEMBER 31, 2006, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION Blll. FOR THE ASCAL YEAR 2006. Mayor Garrett asked if there was any discussion. There was none . Vote results: Ayes : Council Members Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Nays : Council Member Barrentine Motion carried. (iv) Council Bill No . 46, adopting the 2006 Budget for the Littleton/Englewood Wastewater Treatment Plant was considered . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (iv) -ORDINANCE NO. 52, SERIF.s OF 2005. ORDI ANCE NO . 52 . SERIES OF 2005 (COUNCIL BILL NO. 46. INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE ADOPTING THE BUDGET FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT FOR THE ASCAL YEAR 2006. Mayor Garren asked if there wa any discus ion afflC'ng Council. There was none . ote results: Aye : Council Members Barrentine. Moore . Br~w. Garrett. Wolosyn. Woodward. Tomasso Nay · one Mouon carried . t . ... .. • • - • Englewood City Council October 17, 200S Page9 •• • • 0 (v) Council Bill No. 47, appropriating the 2006 Budget for the Littleton/Englewood Wastewater Treatment Plant was considered. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (v) • ORDINANCE NO. S3, SERIES OF 200S. ORDINANCE NO. 53, SERIES OF 2005 (COUNCIL BILL NO. 47. INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY I, 2006, AND ENDING DECEMBER 31. 2006, CONSTITITTING WHAT JS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2006. Mayor Garrett asked if there was any discussion. There was none. Vote results: Ayes: Nays: Motion carried. Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None (c) Resolutions and Motions (i) Community Development Manager Stitt presented a recommendation from the Community Development Department to adopt a Resolution to approve a loan application to support the activities of the Housing Rehabilitation Enterprise Fund and to fund the acquisition of 2394 West Wesley Avenue. He said this is a motion to approve a loan request with Colonial Bank for the sum of S4 l 0 ,000.00 to assist in the acquisition of a piece of propcny at 2394 West Wesley Avenue. that Council has previously authorized. · • also, to carry on additional housing rehabilitation program opcrations. l:spec ially the ACTS Program housc ... the student built house in the City of Englewood. The terms for this particular agreement arc similar to past loans that we have received from Colonial Bank. The terms of the agreement arc: it is a one year loan. the interest rate is 5 .5% with interest due quarterly and it is si milar to the loan that we received from Colonial Bank for the purchase and rehab of 4165 South Washingto n Street. Currently, the Housing Program has in excess of S 1,000,000.00 of housing inventory. It is just at this point in time . we don '1 have the liquid cash to close on the Wesley property and also to continue funding the rehab programs. We anticipate that we may have a couple of houses that will sell by the end of the year and depending o n which combination of houses sell. we will be able 10 pay off the loan and remain in the black in the budget for the remainder of the year. Mayor Garren asked if there were any questions for Mr. Stitt. Counci l Member Woodward said in the second to last paragraph. the one right above the financial impact on Page 2, th e ve ry last line. it says "the loan will be fully repaid 10 Colonial Bank when the homes arc sold"., Is there any outside date on that , any date certain as far as when that loan would become due'! Mr. Stitt said it would be due tn one year. Mr. Woodward said okay ... when they are sold or one year? Mr. Stitt said that is C<JrTCCI . Mr . Woodward aid okay and are there any opti o ns to renew it? Mr. Stitt said no. there arc noc. although we could renegotiate the loan with Colonial Bank. but we fully anticipate that the five propcnics we have for sale will be sold within the nc t twe lve months . Mr. Woodward said okay. Mayor Garren asked if there were any more questions for Mr. Sun. There were none . COUNCIL MEMBER BRADSIIA W MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) • RESOLUTION NO. 79, SERIES OF 2805. RESOLITTIO NO. 79. SERIES OF 2005 ' • • Englewood City Council October 17, 2005 Page 10 A RESOLUTION AUTHORIZING THE APPLICATION FOR A LOAN FROM COLONIAL BANK TO THE CITY OF ENGLEWOOD, COLORADO TO FUND THE HOUSING REHABILITATION ENTERPRISE FUND. Mayor Garrett asked if there was any discussion among Council. There was none. Vote results: Motion carried. Ayes: Nays : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None (ii) Deputy City Manager Flaherty presented a recommendation from the City Manager's Office to adopt a Resolution to approve a Use Agreement with the Englewood Cultural Arts Center Association, d.b.a., E-Arts, for the non-exclusive use of the Cultural Arts Space at Civic Center. He said this basically docs three significant things. First. it documents the $75,000.00 contribution that Englewood Arts will make to the construction of the space, which Mr . Bertoluzzi earlier this evening spoke to. It defines responsibilities for use by Englewood Arts , including the terms and conditions of use, insurance requirements, etc. and finally it establishes priority for use by Englewood Arts, in concurrence with the Museum of Outdoor Arts . Mayor Garrett asked if there were any questions for Mr. Flaherty. Council Member Woodward said just a couple ... I guess background. That first paragraph that E-Arts has pledged a minimum of$50,000.00. which is now $75,000.00? Mr. Flaherty said it is now $75,000.00 ... that is correct. Mr . Woodward said then under the 8 .8, the Notices, this is a question I guess for City Attorney Brotzman ... since MOA is now a part of this agreement, shouldn't they be listed under the Notice? Mr. Brotzman said yes. Mayor Garrett said are there any other questions for Mr . Flaherty. There were none. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (II) • RESOLUTION NO. 80, SERIES OF 2005. RESOLUTION NO. 80. SERIES OF 2005 . A RESOLUTION AUTHORIZING A USE AGREEMENT BETWEEN ENGLEWOOD CULTURAL ARTS CENTER ASSOCIATION (dba E-Arts). THE MUSEUM OF OUTDOOR ARTS AND THE CITY OF ENGLEWOOD, COLORADO PERT AINlNG TO THE CULTURAL ARTS SPACE AT CIVIC CENTER. Council Member Wolosyn said I do si t on the Board of Englewood Arts. I receive no benefit from that other than the great pleasure I take in bringing Arts to the community and working with the many people who volunteer their time for this effort. Mayor Garren asked if there was a ny discussion among Council. ounci l Member Barrentine said I will be voting against it, part of what I said before. I do have a huge problem w uh a non-profit organization who receives money from the City in funding space. preferential treatment when we have two City Council members on their Board. I think it is a conflict of interest . The other problem with the money .. .I have stated that this is a $75.000.00 contribution, which I do appreciate any effort from the community when they arc doing that. but it i a $450.000.00 investment fro m the City. so ... l just want to let everybody know. Mayor Garren asked if there were a ny other comment from the Council. Council 1ember Tomasso said I woul d like to also talc that I si t o n the Board . I beheve this will be a very benefic ial cxpcn the II) 1 pun1ng forward and benefit will out-weigh the expense in the Iona run. It will bring a 1,>t o f people int o CII) Hall and into the City Center area and we hould sec a lot of generation of revenue from thi 11L1.1t1o n ' • • • Englewood City Council October 17, 2005 Page 11 Mayor Garrett asked if there were any other comments from Council. Council Member Woodward said I would just like to mention that I am not on the Board, but I am in support of this and I think one of the items that Laurett did mention ... it is an investment and I think it is a real investment in our community, and that it is going to benefit, not only the Arts , but the City, the schools and the community in general. So, I am very much in favor of this . Thank you. Council Member Moore said I have a question for City Attorney Brotzman. Dan, a conflict of interest means you have a financial interest, is that correct? Mr. Brotzman said correct. Mr. Moore said Ray and Olga do you have a financial interest in this? Ms. Wolosyn and Mr. Tomasso said no. Mr. Moore said thank you. Ms. Wolosyn said thank you, John. Council Member Barrentine said part of the collaborative partners on here have received, and some of the artists have received, preferential treatment, because they know people on here, I believe that that creates some conflict of interest. David Taylor Dance Theatre, I think anybody would be hard pressed with the $258,000.00 that we gave him, to tell me what business that he brought into this community. I would like it to be a little bit more of a process, that was a little bit more at arms length . Council Member Moore said for the process .. .I want to clarify. We have had the point of the conflict of interest put on the table, do we need an opinion from the City Attorney to clarify that the two Council Members do not need to recluse themselves? I am asking. It has been put out there ... that there is potential conflict of interest. City Attorney Brotzman said the answer is ... there is no conflict of interest. Council Member Barrentine said I still believe conflict of interest is also a personal issue and my personal opinion is. it is and that is all I was putting out . I appreciate Dan giving us the legal opinion on it, but when people arc benefiting. when you arc that close 10 the situation and you have made statements that this is something that you have worked for, when City money is being given to the extent that we have provided money, I would like to sec these in the future be a little bit more at arms length. That is just my opinion. Council Member Moore said, if I may. I understand the concerns about the process, for the record, we arc law makers. The record will reflect this conversation. Conflict of interest is a legal term. The issue has been raised. Our City Attorney. it will reflect, has said it is not applicable in the circumstances. So that legal term is not appropriate for a body of law makers to be using ... we have to accept it as a legal term and use it appropriately. So I just want to make sure ... I understand the other concerns. The record should clearly reflect that there is no conflict of interest und r !he legal term here. That's what this body is . Thank you . Vote results: Motion carried. Ayes: Nays : Council Members Moore , Bradshaw, Garrett. Wo losyn, Woodward . Tomasso Council Member Barrentine (iii} D irector Eaton presented a recommendation from the Human Resources Department to adopl a Resolutio n to approve re-appointment of those Hearing Officers un the list approved in 2002 to hear Merit and Di sci plinary appeals . She said as Mayor Garrett mentioned. the City Council did pass a resolution in 2002. appointing three qualified Hearing Officers and the panel .once established. may be reappointed by the Council on an annual basis. Staff is recommending that you do rcappoi, that list this evening . Mayor Garrett asked if there were any ques tions for Ms . Eaton. There were none. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (W) -RESOLUTION NO. 81, SERIES OF 2005. RESOLlITION 0 . 81 . ERIES OF 2005 ' • • Englewood City CouncU October 17, 2005 Page 12 ·• • 0 0 A RESOLUTION REAi'POINTING THE HEARING OFFICERS TO THE LIST OF PERSONS ELIGIBLE FOR APPOINTMENT AS HEARING OFFICERS FOR DISCIPLLNARY AND MERJT APPEALS. Vote results: Ayes: Nays: Motion carried. Council Members Barrentine, Moore, Bradshaw. Garrett, Wolosyn, Woodward, Tomasso None (iv) Director Eaton presented a recommendation from the Human Resources Department, by Motion, to appoint a hearing officer in the Appeal and Request for Hearing on the Disciplinary Action regarding Joshua Cure. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPOINT JOHN DIFALCO AS THE HEARING OFFICER IN THE APPEAL AND REQUEST FOR HEARING ON THE DISCIPLINARY ACTION REGARDING JOSHUA CURE. Mayor Garrett asked if there was any discussion. There was none. Vote results: Ayes: Nays: Motion carried. 12 . General Discussion (a) Mayor's Choice · Council Members Barrentine, Moore, Brads haw, Garrell, Wolosyn, Woodward, Tomasso None Mayor Garrell did not have any matters to bring before Council. (b) Council Members' Choice (i) Council Member Barrentine: I . She said I brought up a couple of weeks ago, at the last City Council meeting, the concern that I had on things being dec ided in Study Session ... where things were just kind of agreed upon or we all just kind of knew that was what we were going to do and not being on the record. And one of those things was the dog park and initiating that. One of the things th at happened with the dog park was that we went ahead and agreed to have a study done o n 1ha1. because it was going 10 be put in a Flood Plai,n and water studies needed to happen. There was a Task Force 1hat had been done. Th,c original Task Force said no, they didn't want this in Belleview Park and Cushing ... and we went ahead did something for, I think it was Centennial, but that was cost prohibitive, because il was going to be arou nd $100.000.00 at the time. All of a s udden here we arc with the water study corning back and finding out that there was just kind of an agree me nt that we would do a dog park. All those things were happening in Study Session and not o ut here. So. in cnd~avori ng to try and make lhcsc more of public records. that when people need lO go back and find o ut how something happened, that it is not on a bunch of tapes on Study Session, that they arc actually on the record and vo ted fo r. I felt that way about the Cultural Arts Room ... people getting together and deciding that they are going to do something and then Council s come and go and then it is j ust , well wc were always goina to do 1ha1. When the money is being spent is when it needs to be voted on ... when the money is going to leave. not that it was budgc1ed five years ago. because that is not the money that we arc spending now. The dog park was never voted on. I would like, if we arc going to move forward with the dog park, for lhcrc to be an official vote. The information that was provided on the dog park was not conclusive, nor has the community been involved enough for me to believe that we need to move forward with this. at th is time , for the amounts of money that wc arc comm itting , nor only now. but the future . I wo uld make a motion that we not go through with starting the dog park at this ume. ' • • Englewood City Council October 17, 2005 Page 13 ·• • 0 0 Mayor Garrett said the motion is that we just appropriated funding in the 2006 budget, which includes part of these funds. So, to make sure I am clear on the motion, you would like to hold off the appropriation on the budget item itself? He said there are two picces ... it is in the budget and also we appropriated money. Do you want to withhold the appropriation or do you want to just take it out of the budget entirely? Ms. Barrentine said I want to take it out of the budget entirely. COUNCIL MEMBER BARRENTINE MOVED, AND IT WAS SECONDED TO REMOVE THE FUNDING FOR THE DOG PARK FROM THE BUDGET. Mayor Garrett said I will second the motion for the purpose of the vote. He said there has been a motion and a second on removing the dog park ... so voting yes means you remove the dog park and no means you do not remove the dog park. Council Member Bradshaw said Your Honor, I will be voting against this, because I do think we followed the process. I think people need to pay attention during Study Sessions, pay attention during regular meetings, pay attention during the budget meetings, so I will be voting against this. Council Member Tomasso said I will be voting against it also since I heard no opposition to it during Public Hearing on the budget. There was no one here to speak against it. Council Member Barrentine said now how in the world was somebody supposed to know that we put something in the budget? A Study Session is not an appropriate place for things to happen and there is no record on it. What in the world arc we doing trying to say that, because something was put into a budget that that is an approval process? You had all of those people there ... all of this process ... for two years. We gave them a place, land. we agreed. did that in this room and we voted on it and said not a dollar of City money. but we would give you the property and yet within in that short a period of time ... now it has gone through a back door and because it got added to a budget, then that is a public process? She said no, I am asking Ray, how is that a public process? Mr. Tomasso said public process is the budget. The budget was presented. The citiz.cns had a chance to look at the budget and if they disagreed with the budget that we presented to them, they had a chance to speak and come before us and speak against that budget. I heard no one that evening stand up and say ... we do not like this budget, we do not like this piece of the budget. we do not agree with this budget. There was no one and that is on record. because it is part of our minutes, that no one spoke against the budget or any part of the budget. Ms. Barrentine said if you were confident that this was something that the community wanted. then why didn't we have a Public Hearing? So, we would like to have a Public Hearing on whether we should have a dog park or not and make it a little bit more open than going through a back door ... that it got added to the budget item. Council Member Wolosyn S£1id I would just to say, we discussed this before. When we go to the budgeL we vote for a plethora of items and projects . This one in particular, I think, received a lot of public discussion . There arc many things that don't. I don't know if we arc going to have this process where we come and vote again on every single thing that every department spend s money on. I think it would be very cumbersome. Council Member Moore said I too think we follow public process. I would like to direct the attention tonight to Agenda Item 11 (b) (iv) ... I don't have the exact figure in front of me, I think it was something like $47,000.000.00 was allocated to the Wastewater Treatment Plant . It is a budget that is 40% larger than the City's budget. We did not spend hours and hours reviewing that budget . We arc being asked to spend significant amounts of time on a $50.000.00 appropriation for thi s budget . It is my o pinion that we follow the process . I am bothered that we have to da ~sec t the budget and bnng each item forward that ts objectionable to a Council Member here. I am happy with the O\'e rall process. For those of you who don 't know, the Study Session is the opportunity where we get full fledged tnterac tion . This session starts at 7 :30. It has a hoM of items on it. Study Session is where we get more opportunity to discuss th ings. It as pubhc. at is recorded and it ,s not inappropriate. Any of our decisions that we have made since I have been o n Council. I don't feel they were inappropriately hidden and I will voce no accordingly. t • • Englewood City Council October 17, 2005 Page 14 • Council Member Woodward said I am in agreement. I think this issue has gone on for years ... certainly through the public process and quite frankly I resent the term "back door". Study Session is a public meeting. It is available. I think the Study Session agendas arc posted and so it certainly wouldn't be through the "back door". I think that is a personal opinion and it seems to get down to the items that, at times, if you are in disagreement with it, you want thi s public vote. And certainly this item has probably been examined as much as any item that I have been involved with over the past 15 months that I have been on Council. So, I will definitely be voting no. Council Member Barrentine said I will have to agree with your statement that it is only things that I agree or disagree with that I want a public vote on. The Study Session is open, it is public, and it is a place for us to discuss things ... that is true. It is specifically not supposed to be where we decide things. Discuss, have information provided, but not decisions. That is not the purpose of the Study Session. It is not the proper forum for the decision to be made and I have insisted on decisions not being made in Study Session regardless of whether I agreed with them or not. I used "back door" because I think that is an appropriate term for that. For all of a sudden for something to just ellist, for citizens who come to me and go, where did that get decided , where can I go and sec who voted for that and how it was decided. That process should happen here by a vote when we are doing that process. And hundreds of people here talking about the dog park issue and yes, I believe now that it has gone through a "back door" process. That is why I am calling this vote. Council Member Woodward said well at least I feel comfortable with you saying that is why you are calling it a "back door" process ... you are owning that as your opinion. I disagree . Council Member Barrentine said I don't think we do it with just this. I think we do it way too much. I think way too many decis ions get made in Study Session and they are not supposed to be made there . And so, I am going to be very diligent in making sure that doesn't happen, so that when somebody asks me ... who voted and what happened ... they have got it on record, in the minutes, in this Council, in this session ... in these meetings, not in Study Sess ion. Vote results: Ayes: Council Member Barrentine Nays: Council Members Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Mot ion defeated. 2 . She said I wanted to thank Public Works. The woman whose husband was very ill at the beginning of the year ... he was in hospice and we were able to put a handicapped sign out there ... it was important to her and it manered a great deal. Her husband passed away. She called me four days ago with another problem and that was because s he was dead ... and I thought s he sounded pretty good for a dead person. but apparently when she went into a drug induced coma to take care of an illness , the State went ahead and killed her off. They sent her deceased husband a letter expressing their regret that she had passed away. so there was some problem with some paper work and because of our opponunity to work together and the fact that she was left feeling so good, she did call me. I did ask her ... I had hoped I wasn 't the first person she called, but at least by 5 o'clock the next day we had her alive . I wanted to make sure that I said something about the work and effon put fonh on the part of our County Commissioner Susan Beckman and our Congressman Tancredo to clear this up. When she called back, she said that the one thing that she was saddest about, was that she wanted to say goodbye to Ladd and make sure tha: you guys knew that she just didn't leave and didn't do anything .. .let alone die on you guys. She also wanted to thank Public Works ... and she would like Ladd to come and visit her if he has a chance. 3. She said as a follow up on UnDici, the new restaurant taking over the Fratclli's property. I wanted to thank Public Works for going out there and checking on that concrete, so that they could go ahead and get that process taken c are of while they are still under construction. rather than having more interruptions. Hopefully. they arc going to be opening soon and they won 't have an interruption to their business in trying to fix that concrete outside. I j ust wanted 10 tell you guys . thank you very much. (11 ) Co uncil Member Moore said I need clarificauon, so I lnow whether I need 10 reqUC51 add1t mnal mformauo n T"o -.eek ago Council Member Barrentine raJSed concerns about Commuruty Dc,elo prnent ... said they strong armed o ne o f our 1t1zens on a boat i ue . Commun11y Dcvelopmclll wblcquently rc,ponded "uh their versio n o f th, 11uauo n. If I may. I -.-ould hke 10 Ir. ,f the ICSp(lllflC received was adequaae, ' .. .. • • - Englewood City Council October 17, 2005 Page 15 • 0 s uch th at we kno w with res pect to that iss ue with the Butlers. Community Development merely followed the rules that we had laid out for them and if not, I would like to think that we will look further into this . But Ms. Barrentine, I would like to ask if you arc comfortable with the res ponse we had with respect to the Butlers? Council Member Barrentine said no . The original response, when I had called, from Gary Scars, our City Manager, was s uspicion in that they even contacted that department to find out what the rules were, leading me to believe that the preference would have been that they just go ahead and do it anyway ... what they made an issue of they should have just done it anyway. I guess better to ask for forgiveness . Unfortunately, they had dealt with the Building Department before and because they had bad a lot of problems with that process in 1998 in building a carport, they thought it wise to go ahead and try and make sure that they were following the rules . In that five block area around them, there are almost 20 different addresses that I have that have this exact same material, either fabric or metal tcnL Now, if we arc going to enforce something, then it needs to be enforced. It is oot attached. It is in their back yard . It is 001 permanent. No, the answer they gave is not adequate. Mr. Moore said then is it not factual ? ls that your concern? Ms . Barrentine said for what they arc trying to do, for their purpose, it is not a permanent structure, it is not attached, and they arc being told they need to make it out of the same material . There is oot a consistency going on. When I go around and talk to other people that have these carports ... some of them arc using it like a patio, some of them have it where it is kind of a garage and some of them have it in their back yard where it is storage, so it is being used for different things. To put this in the same area as being a carport ... as a pennanent structure, is lK>t appropriate. Mr . Moore said I don't know if perhaps Lauren can answer this for me. I was reading the UDC and I am just trying to distinguish if this is an issue with the UOC or if this is an issue with Community Development. I believe you arc saying it is an issue with Community Development. From the information they provided, it seems very clear to me that thi s is what our UOC calls for . If it is just you understanding the UDC, then I don't believe there is further investigation necessary. Was there something that I missed in this communication from them. that they applied the wrong section of the UOC to answer the question? Council Member Barrentine said from the information that the citizen gave me ... that they were using it as a carport, that it would be attached to the house and none of those things were true . They arc 001 giving consistent information c ut . No. I don't think it applies. Mr. Moore said I guess we don't have any Study Sessions coming up. We will have to let the next Council address this. I am going to act on my behalf, with the information that has been provided ... I would like to apologize to Communit y Development. The record says it shows them being accused of being "strong armed ." From the informa ti o n that I am seei ng, they followed, like it or not , they followed the rules that this Council and prior Counci ls codified. So, unt il I unders tand better where they misac ted, I am uncomfortable with the record that arc in o ur minutes th is week reflecting that they behaved in s uch a manner. And until I can sec otherwise, I will go ahead and ex tend an apology o n my behalf. I would like that to be in the record . Ms . Barrentine said I believe when I used the term "stro ng arming" ... I'm oot sure I was talking about the Butlers, I think I was ta lk ing about th e m no t givi ng accurate information and not going out and checking, fike on the property where th e gentl e man had to go o ut and get another architect and go to the County Assessor who was able to give th e m th e accurate informati o n, although it cost him, I think , about $5,000.00. Or the "strong arming" might have co me int o play whe n I was ta lk ing about the sig n and the money that the City has available in that Enterprise Zone, whic h is almost a ll o f Broadway ... lo go ahead and give the m additional money if they want to upgrade and do signs. bu t th at th ey were "strong arming" people and then making them adhere to other ordinance!!\ that they were actually grandfathered into and usi ng thi s money as bribe money . So I may 001 have been referring to the Butlers with the "strong armed" comment , but I do n't apologize for usi ng it. Ma yor Garrett sai d thank you John. (iii) Council Member Bradshaw: ' .. • • Englewood City Council October 17, 2005 Page 16 0 I . She said the Housing Authority is looking at building a new senior high-rise at the comer of 285 and Pennsylvania, on the northeast side there and Jim Woodward and I had an opponunity today to view four different developments. !just can't wait. This is going to be almost a market rate senior high-rise, so that it will allow people to stay in Englewood instead of moving to Riverfront, where a lot of my parent's friends had to move because they aren't that available in Englewood. So we arc looking at, I think it is between a 68 and a 71 unit building. Not structured like Simon Center and not structured like Orchard Place, but higher in the meJ',n income. So, we have a special meeting this Thursday at 5 o'clock at the Housing Authority, with the subcommittee, to decide on the developer. But both developers had a lot to offer and it is going to be a very tough decision ... but it is exciting because, maybe, this will fill the need that some of our citizens have been requesting. You can't qualify for low income, some can't afford the Meridian or the Kivas and this will be in between. So, it will give them an option. We are looking at one and two bedroom units . I believe the one bedroom is going to be 750 and two bedrooms 830 square feet so they arc going to be nice sized units . So it is a tough decision, but it is going to be fun. 2. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NOS. 82, 83 AND 84, SERIES OF 2005. RESOLUTION NO. 82, SERIES OF 2005 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY MANAGER OF THE CITY OF ENGLEWOOD, COLORADO. RESOLUTION NO. 83, SERIES OF 2005 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY ATTORNEY OF THE CITY OF ENGLEWOOD, COLORADO. RESOLUTION NO. 84, SERIES OF 2005 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE MUNICIPAL COURT JUDGE OF THE CITY OF ENGLEWOOD, COLORADO. Mayor Garrett asked if there was any Council discussion . Council Member Barrentine said I would prefer that they get broken down, but I can make the comments that I need to . I will be voting against it. I am privately ... and last year I had the same concern ... that we are not going through a proper process in holding people accountable, having some kind of established expectations so that we can have a more o bjective process at the end, of pay increases. Separately, it speaks less to the performance of the people individually as o ur process at this point and I wanted to make that clear, but I do have a huge problem with it. I expressed that la st year and it did not c hange. The third being the judge who is an elected official. That evaluation doesn 't have to happen, because that evaluation happens when people vote for him. If thc,y vote for him then he's got his job approval, hi s job rating . However, other elected officials setting that rate .. .I would be much more comfortable if the ci ti zens o f thi s community made the decision on what those services were worth to them. So, I have a hu ge proble m wi th th e process sti ll . Mayor Garrett asked if there were any other comments. There were none. Vote results: Ayes : Nays : Mouon carried . Council Members Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Council Member Barrentine (C ler~' no te : The Resoluuo n establi s hing a nn ual sa laries for the City Manager, City Attorney and Municipal Judge "'ere h tcd as items 12 (b) (1). (Ii) and (iii) o n the Agenda .] he said m reading the minutes that John referred to .. .I was really taken aback by some of the gr nd,,tandmg that goes o n wuh Ms . Barrentine a nd her o b vious lack of understanding of the budgcwy process . ' • • • - Englewood City Council October 17, 2005 Page 17 ·• • Mayor G arren, on th ree different occasions, asked for Council Members to bring their concerns forward and not until the day of the b ud ge t me eti ng was the Cultural Ans room even brought up . Mr . Moore and Mr . Woodward complied with that request and brought their concerns forward. If Ms. Barrentine would read her packet before the meetings. then she would be able to participate in the relevant discussion . I am sure the Council would appreciate it and she would gain a better understanding of the enlirc process. Council Member Barrentine said I think that is a grc-.at example of grandstanding on your part and I am not going to give your comments any kind of justification or comment. (iv) Council Member Tomasso : I . He said I would like to thank Public Works and the Transportation Advisory Committee for coming up with a solution for the intersection of Logan and Eastman . I know they have been working on it for six months, the residents have been working on it for two years and it looks like there is a resolution at this point, through some very creative problem solving by both agencies and particularly Public Works . 2 . He said I would like to thank Commander Sanchez for looking into the problem of people running the stop sign al Galapago and Kenyon . 3. He said on a sadder note, I would like to note the passing of Roger Brown, a former citizen of Englewood who was the editor of CED magazine. He passed away from melanoma about a week ago. He was always involved in the parade. He joined even after moving so uth of here . He came back and met with his former neighbors on Saturday morning to put together a float for the parade ... and he did it every year, come rain or shine or whatever. They were always out there in the parade . (v) Council Member Woodward : I . He said I want to second what Bev had talked about. .. the senior affordable housing, which I think is just a great opportunity for us in the community and something that is really needed . Being out in the neighborhoods a lot here recently in the last six weeks, I run into a lot of citizens that have lived in the community for 40 or 50 years. T hi s begins to answer some questions for them about where they may live when they don't want to take care of ya rd s and can't walk up stairs and that sort of thing. So. I think it is just a great opportunity. We got to sec some really ni ce places today . 2 . He said I want to address some citizen concerns that I have heard regarding the calming islands on Oxford . I do know that we are giving ii a period of time to take a look at it , but one major complaint that I am getting is that during the ru sh hour periods. the turning lanes tend to back up into traffic and the placement of those islands could end up being a hazard . So, I think that is something th at we just need to take a look at in the coming months as we are analyz ing th ose calmi ng is lands . I think the li ghts arc very effective . Mayo r Garren said are there speci fi c intersections where that is occurring? Mr . Woodward sai d the one by the park ... the two at each end. If you arc going to the west from Broadway and you go to take a left. right after the island . A number of cars ... two cars pull in, the third car I think hangs out into the trjveling lane . And so at 5 o 'clock during the evening or 4 :30, it gets stacked up. Same thing going west, right by the Recrea uo n Ce nter where that is land is. it just seems like the is land may be in a hazardous area right there . ( vi) Council Member Wolosyn said I would like to thank Dave Lee for the update of the Parks Master Plan and ask that Council be informed of the dates as the Public Forums an: scheduled. Thank you. 13 . City Manaaer's Report II) Manager Sears did not ha,e any mauers 10 bnng before Council. 14 Cit uonwy's Report ' .· .. .. • • Englewood City Councll October 17, 2005 Page 18 City Attorney Brotzman did not have any matters to bring before Council. 15 . Adjournment ETI' MOVED TO ADJOURN . The meeting adjourned at 9 :06 p.m. • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL Monday, October 17, 2005 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. fl.33~ 2. Invocation.~~ 3. Pledge of Allegiance . a. Presentation of Colors by Cub Scout Troup 172 . 4. Roll Call. 5 . Consideration of Minutes of Previous Session . D Minutes from the Reg ular City Council meeting of October 3, 2005. ~ 6 . Recognition of Scheduled Public Comment (Please limit your presentation to ten minutes.) a. Eric Bertoluzzi will discuss th e Englewood Arts Agreement. 7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. Time for unscheduled public commen t may be limited to 45 minutes and if limited shall be continued to General Discussion.) a. R.Atll~ '-l.,.(){lf) -h:-IVIOL.«; V 8 . Communications, Proclamations, a11d Appointments. ~9-71· Vffd'l--r)· Proclamation declaring October 2005 as "Meet the Blind Month# as sponsored by th e ational Fed rahon of the Blind .~ Proclamation declaring the week of October 17 • 21, 2005 as Fire Prevention Week~ fJw-- Pl a,e note· If ~ou ha,e a d1sab1l1ty and need auxiliary aids or services, please notify the City of Englewood (JQJ .~62 -240 ) al lea 148 hours m advance of when serv.ces are needed. Thank ou. ' • • --- Eng lewood City Council Agenda October 1 7, 2005 Page 2 c. Recognition of th e Fire Prevention Week Student Poster Contest Winners. d . Recess for a brief Rec eption in the Community Room to honor the Fire Prevention Week Student Poster Contest Wiff~rs. , Kl(JUu()...., ? "5'I Consent Agenda Items . ~g"; ~fA},tJ,t.lJJJ. e~ ~ ,. App~,d;oa~es oa e;,., """"~ fluJ- 9 . '7-() ~ Ordinances on ~nd Reading . ~~ AE,f-4/r-J/ii., 9/r/4 1>i/ ~ n-, ,JJ. "/ i. Council~men~the Englewood Municipal Code V tef1'1"'{ pertaining to Alcoholic Beverages . 6)J/hKii. fhd#-~iii. Otd/4'/ iv . mJt/f V. Council Bill No. 42 , approving the purchase of property at 2394 West Wesley Avenue . Council Bill No. 48, granting three utility easements to Public Service Company of Colorado for installation of new gas mains at 2900 S. Platte River Drive. Council Bill No. 49, amending Title 5 of the Englewood Municipal Code pertaining to Arborist Licenses . Council Bill No. SO, as amended, amending se.ctions of the Englewood Municipal Code pertaining to unpaid sales taxes. c. Resolutions and Motions. 10. Public Hearing It ems. (N<;> Public Hearing Scheduled.) _:fr 11 . Ordinances, Resolu tion s and Motions . a. Approval of Ordinances on First Reading . i. ii. Council Bill No. 53 -Recommendation from th e Department of Finance and Administrative Services to aclop t a Bill for an Ordinance amending the Englewood Municipal Code pertaining to Massage Therapy Licensing. STAFF SOtLRf!: 1 . I Frank Gryglewicz, Director of Finance and Administrative Sel'\'ices . l::f ~ Council Bill No. 52 -Recommendation from the Departmen t of Finance and Administra ti e Services to adop t a Bill for an Ordinance es tablishing the Englewood Municipal Code pertaining to Reflexology Licensing. STAFF SOURCE: frank Gryglewicz, Director of Finance and Administrative Sel'\'ices . ~L Amendments to Council Bill 52: Page 1.,.0efinitlon -Fwllexologiat/Relluology Prec.1illol• ..• ahould rwi · or 1111111111..._· Page 3 (C) (2) (1) .•. (educallonal requilemenla) mir.un ol one hundredllll (-IOO) (110) hours.. Page 4 , Section 2 . Tr8llllbonal Penod .. CXlll.plellon ol a...-.. Aalaimlogy piogram ... ,. t .... .. • • Engiewood C ity Coun ci l Agenda October 17, 2005 Page 3 b . Approval of Ordinances on Second Reading. /))!JJ-'/9 tr-' ?vi) Council Bill No . 43 , approving the 2005 Mill Levy for collection in 2006. ~ (f}J/gJ ~ ~-/( A),r;.~~~1Sopting the 2006 Budget for the City of Englewood .~ 'f5/ f(J -/ iilA}f 'f.llB~ ~opriating the 2006 Budget for the City of Englewood~ {2d ~. 6 iv. Council Bill No. 46, adopting t~JOOf> BJJdget for the Englewood/Littleton frtd}5°J. «!ftl'l-'{) WastewaterTreatmentPlant ~ J ]J..~ J v. Council Bill No. 47, appropriati~Jhe 2006 Budget for the Englewood/Littleton {)\,uo3 ~(A '1-t} Wastewater Treatment Plan~ c. Resolutions and Motions. '7 9 i. Recommendation from the Community Development Department to adopt a Resolution to approve a loan application to support the activities of the Housing J q Reh abilitation Enterprise Fund and to fund the acquisition of 2394 West wg!'~Y ~ _ L -~ ~tJ 1-t) Avenue . STAFF SOURCE: ="tn'n-M, tl1111i111 ~i11a11ee 1peeialill 1;,~ ii. Recommendation from the City Manager's Office to adopt a Resolution to ~# &CJ approve a Use Agreement with the Englewood Cultural Arts Center Association, (/Jf)J)_J ~-} d .b .a., E-Arts, for the non-exclusive use of the Cultural Arts siy;~~ ... c~~i~ Center. I.JM'f; /!JJ!DN!1.1JJ.lj SOURCE: Michael Flaherty, Deputy City Manager. V~ iii . Recommendation from the Human Resources Department to adopt a Resolution ().._ JI. i to approve re -a ppointment of those Hearing Officers on the list approved in 2003 IJO(J(ff' lJ f'7 0 to hear Merit and D~5j~~~;~~eals. ~STAFF SOURCE: Sue Eaton, Director of -Human Resources.vv~ iv. Recommendation from the Human Resources Department, by Motion, to appoint a hearing officer in the Appeal and Request for Hearing on the Disciplinary Action regardi ng Joshua Cure. STAFF SOURCE: Sue Eaton, Director of Human Resources. /?rA./.J.~ 12. General Discussion: a. Mayor's Choice . DEFEATED 1-6 (AYE : BARRENTINE) b . Council Members' Choice. BARRENTINE MOVED TO REMOVE THE FUNDING FOR THE DOG PARK FROM THE BUDGET &./1~3 ~ ii . Resolution establishing the annual salary for the City Attorney. RJ:m;i_ ,1. Resolu tion es tablishing the annual salary for the City Manage ~Ot i~~i · ... j.l0esolut1on establishing the annual salary for the Municipal Jud P1 se note · If you ha~e a d1 sab,l1ty and nttd au 1hary atds or services, s*ase notify the City of Englewood (303 -762-2-107) at lea t 48 hours In advance of when services are nttded. Thank ... t ·• • • Englewood City Council Agenda Octob er 17, 2005 Page 4 13. City M anager's Report. 14. City Attorney's Report. 15 . Adjournment. 'J:of/ ~ The following minutes were transmitted to City Council from September 30 to October 13, 2005 : • Cultural Arts Commission meeting of September 7, 2005. • Englewood Housing Authority meetings of June 1, July 6, and August 3, 2005. • Englewood Public Library meeting of September 13, 2005. Please note : If ou ha\ e a disability nd need auxiliary aids or services, please notify the City of Enalewood (303 -7 62 -2407 ) at least 48 hours in advance of when services are needed. Thank ( l. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session October 3, 2005 The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7:33 p.m. 2. Invocation The invocation was given by Council Member Barrentine. 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Garrett. 4 . Roll Call Present: Absent: A quorum was present. Also present: Council Members Tomasso. Moore, Barrentine, Garrett, Bradshaw, Wolosyn, Woodward None City Manager Sears City Attorney Brotzman Deputy City Manager Aaherty City Clerk Ellis Assistant City Clerk Bush Director Olson, Safety Services Director Gryglewicz. Finance and Administrative Services Director Simpson. Community Development Director Fonda. Utilities Director Kahm. Public Works Fire Capcain Pattarozzi. Safety Services Police Lieutenant Sanchez, Safety Services 5. Consideration or Minutes or Previous Session . (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE IIN TES OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 19, 2005. Mayor Garrell asked if there were any comments or correcuons. There were none. \' olf results: Motion earned . Aye : Council Members Barrentine. Moore . Bradshaw . Garrett. Wolosyn, Woodwilfd . Tomasso ay : one (>. Rttoanition or Sdaeduled Public Co-•• There "ert no h dulcd \I uor.. t .. • • 0 Englewood City Council October 3, 200S Page2 7 . Recognition or Unscheduled Public Comment ·• • • 0 (a) Adrianne Fahey, 7477 West 75"' Avenue, Arvada, said I just wanted to address a few things , especially where the educational standards are concerned . We did have a chance to review the draft proposal of the reflexology ordina nce and I just wanted to clarify a few things. In our proposal that we e-mailed to you last week, we indicated ... under educational standards ... that one of the things , as proof of meeting the educational standards, is having a certificate from the American Reflexology Certification Board. That is one thing you did not include in your draft and I really want to stress that this should be included in your ordinance because, number one ... you state in the draft ordinance that you want 200 hours , of which 110 hours are hands-on in-class instruction. One of the prerequisites for testing with ARCB is 110 hours of hands-on in-class instruction, but we don 't make any distinctions as to whether that is from a State approved school, because , right now rcfle.xology is still kind of in its infancy and so there are a lot of mom-and-pop institutions out there teaching reflexology , but they are very legitimate and they arc teaching proper technique . And so, we accept these individuals for testing with ARCB, as long as they can verify I IO hours of hand s-on in-class instruction. One of the good things about the reflexology test, is we do have a practical portion. We test their hands-on skills. We want Lo make sure that they are applying proper technique and proper pressure, so that they are not creating a problem for the public . And so, that is one thing that I definitely would like to see written into the law. The other thing , number two, as you stated, is that they show 200 h:,urs from an approved school or proof of certification through ARCB . It is because of some of these schools that may not be "State approved" but they are giving good instruction on proper reflexology skill, knowledge and technique. Thank you for listening. Co uncil Member Bradshaw said thank you for doing that so quickly . Ms. Fahey said your welcome . (b) Rachel Lord, IO 17 Perth Street, Aurora, said I second what Adrianne said about the educational requirements. That is a very important thing to us . I see that there was an article in the Herald a couple of weeks ago, where Mayor Garrett sa id that he felt we should establish a separate license for reflexology , since we have a measurable way to determine if the applicant is qualified . And one of the measurable ways ... I will reiterate ... is certification from the American Reflexology Certification Board. That is a real substantial measure of the qualifications. So, that is that part. She said a couple of other things I wanted to talk about, involved the definitions ... addressing the distinction between what part of the ears were 10 be worked on. It is definitely the extcmal car, so there is no problem with anything like that . So, I think that could definitely go into the ordinance as part of the definition. Another part of the definition, which ·wc didn't address and it is not put in here yet, but I think it would be a good idea ... is that the rcflcxologist. i·n addition to working on th e ears, hands and feet, they also work on the lower leg and the lower arm. briefly. but they do work on that part of the body. The reason being is that the musculature that comes down from the lower leg, goes into the feet and the musculature 1ha1 comes from the forearm , goes into the hands, so they arc integral parts of the mechanism of the working of the hands and feet. There is some application of pressure to those two parts of the body. So.just for clarification. it may be a good idea to put that in. It is not ma ssage therapy ... I mean nothing else is taken off, they may roll up their pants leg a little bit. but that is it . There is no ot her removal of clothing, so you may wam to consider putting that into the definition. There is something else here too ... a couple of things. The part about criminal background checks ... now I know that the cri minal background check and the fingerprint check that you do for massage therapists ... 10 my understanding, it dates back to the massage parlor o rdinan ce. It was a means of regulating prostitution , to my understanding, and I understand that you defimtely want the two to be separate, but if we are going to be in 2005 and consider a professional reflcxologist. with the education requirements that we have just listed ... I personally don 't think that is appropriate to havc ... just as a nurse doesn 't need a fingerpnm check. a doctor docsn 't need a fingerprint check and any other licensed professional doesn't usually go thr o ugh that. So, my vote would be to take that out. And then there is one other thing, just for your consideration. and this is not pertaining to the reflexol ogy ordinance that we are proposing here , but just in general. just to think about II, there arc a 101 of a lte rnati ve therapies o ut there in the wings that arc used by a large number of people nowadays and there i no regulation o n th o,e. And I have a feeling that in the future that is going to come around ... that when we draft thi refle,ulogy o rdinance you may find other people fro m other professions. such as herbology. cramosacral. sh1atsu ... diffcrcnt o ther a lternati ve moda h11es that are being studied by NIH right now, as a matter of fact. They arc 110mg to come around and want some leg111rnacy 100 for their profess io n . which I thmk is a very good thing. I do not wam II as part of the reflexology ordinance . but I JUSt want yo u to think about that as a futu re thing. that Englewood could be leading the pack . mean 111, reall ) unprecedented area for cons ideratio n and it's the wave of the future . So. I thmk when word gets out on th ". other mudah11e, nught be lookmg for the sa me type o f thing . So, that is JUSI for consideration in the future . Thank )llU ' .. • • ( Englewood City Council October 3, 2005 Page3 Council Member Barrentine said could I ask just one question please. She said in your licensing procedure, do they have to go through a background check with the school in order to be licensed? Ms. Lord said no, we don't license, the schools don 't license. Ms. Barrentine said in order to get a certification or graduate? Ms. Lord said no, there is no background check. Mayor Garrett said we have heard several things from the two people who signed up. During Council Members Choice we will go through each of these and sec what we want to do as far as amending the ordinance. (c) Bernhard Wellman said I am very glad I'm here and I'm really thankful for everything I can participate in. I submitted an application, one year ago, to ICMA (International City Manager's Association) to stay in the States for three weeks. I am really glad that the City Manager of Englewood answered. We were put in contact with each other and I will be staying in the United States for three week . It was a really big event for me when I went to Minneapolis, Minnesota to take part in the very big annual conference there, with 3,000 City Managers, and I learned a lot from all of them. They were very helpful and friendly , all the time. Since the first day I came to Englewood, the administration, the town ball, the managers and the departments have been helpful and shown me everything here. I am deeply impressed with your treatment capacity. Today I toured the water and sewer plants. I couldn't imagine bow great and professional you have made all this. It is rcariy grc&t to sec. We have the same problems ... we have less money and a lot of treatments we arc responsible for . You know, we have two and a half thousand Russian people living in the center of Bclm ... a town of about 14,000 citizens. They came when 3,000 soldiers and their families left the town and now we have to integrate these Russian people into our community. That was the greatest challenge of the last IS years . I am very proud to tell you that we have taken part in a competition held all over Germany. Over 100 communities took part in this competition, which was Lo determine who has the best integration plan to integrate Russian people and immigrants in Germany, and we won it So, I went to Berlin, to the Federal government, and received a large prize from the Ministry of Internal Affairs. It was great for all of the City of Bclm. That is what we arc doing. You know we have 31 members of Council and I am both the Mayor and City Manager and a member of Council too, so I have a lot to do all the time. I have been a member of Council for 33 years. I was just 23 years old when I became a Council Member. Now I am 56 and for 16 years I have been Mayor of that Lown. I know the problems of the people and bow we can manage it. So, I am bcrc for tbrcc weeks to observe and learn bow things are done here, which I can take back to my Lown. I send best greetings from my members of Council and the population of Belm, in the northern part of Germany. I am really thankful and I wish the best things to the people of Englewood. Thank you very much. Mayor Garrett said thank you. 8 . Communications, Prodaumtlo• aad Appolammall (a) A proclamation declaring October 8, 2005 as "ACE A & A Tradin' Post Day" was considered. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING OCTOBER 8, 2005 AS "ACE A & A TRADIN' POST DA r'. Mayor Garren asked if there was any discussion. Mayor Garren said they will be having quite the festivities on Saturday, so come early. Vote results: Ayes : Nays: Mo uon carried . Council Members Barrentine. Moore , Bradshaw, Garrett, Wolosyn. Woodward, Tomasso None Mayor Garren presented the proclamatio n to Aaron Ausfahl and Stephen Head . There was applause . 9 . Consent Agenda MAYOR GARRE'IT REMOVED AGENDA ITEM t (a) (I) FROM THE CONSENT AGENDA. • Englewood City Council October 3, 2005 Page4 COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (II) through (v), 9 (b) (I) and 9 (c) (I) and (II). (a) Approval of Ordinances on First Reading (ii) COUNCIL BILL NO . 41, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 3, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO ALCOHOLIC BEVERAGES. (iii) COUNCIL BILL NO. 49, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 14, SECTION 3, ARBORIST OF THE ENGLEWOOD MUNICIPAL CODE 2000 . (iv) COUNCIL BILL NO. 42, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING THE PURCHASE OF 2394 WEST WESLEY A VENUE BY THE CITY OF ENGLEWOOD, COLORADO . (v) COUNCIL BILL NO . 48 , INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE GRANTING THREE UTil..ITY EASEMENTS TO PUBLIC SERVICE COMPANY OF COLORADO (dba Xcel Energy) FOR INSTALLATION OF NEW GAS MAINS AT 2900 SOUTH PLA TIE RIVER DRIVE /Littleton/Englewood Wastewater Treatment Plant). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 43, SERIES OF 2005 (COUNCIL BILL NO . 39, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING A LICENSE· CITY DITCH CROSSING AGREEMENT AND A TEMPORARY CONSTRUCTION EASEMENT BETWEEN THE CITY OF ENGLEWOOD . COLORADO, AND WILDACRES. LLC FOR A TWO INCH (2") UNDERGROUND WATER SERVICE CROSSING OF THE CITY DITCH . (c) Resolution s and Motions (i) RESOLUTION NO. 78, SERIES OF 2005 A RESOLUTION BY THE CITY OF ENGLEWOOD AUTHORIZING THE CITY OF ENGLEWOOD. COLORADO. TO FILE AN APPLICATION WITH ARAPAHOE COUNTY FOR A 2006 COMMUNITY DEVELOPMENT BLOCK GRANT . (ii) Contract with Honnen Equipment Company, for the purchase of one Hamm HD 70 HV roller, in the amount of $76,257.00. Vote results: Moti on carried . Aye s: Counci l Members Barrentine. Moore. Bradshaw, Garrett. Wolosyn, Woodward. Tomasso Nays : None • •••• ' . .... .. • • Englewood City Council October J, 2005 Pages 9 (a) (i) Direc1or Gryglewicz said in the Council Commumca11on, second paragraph under recommended acti o n. you will sec 11 says .. changi ng human to home, in 4-4-4-3." For some reason that wasn't co,rectcd in the ordinance and tha1 just need s to be corrected to clarify that Mayor Garrett said refer 10 the ordinance itself under (A) (5) exempt items. the third line down. Mr . Gryglewicz said it is under Sales and Use Tax : 4-4-4-3 Exemptions to sales tax (A) (5), second sentence ... ii says .. for human consumption" and 1t should read "for home consumption". COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 9 (a) (I) AS CORRECTED. COUNCIL BILL NO . SO. INTRODUCED BY COUNCIL MEMBER WOLOSYN A BI LL FOR AN ORDINANCE AMENDING TITLE 4 , CHAPTER 4, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERT AJNING SALES AND USE TAX . Mayor Garrett asked if 1here was any discussion. There was none . l',k>toon camed Ay : ay . Council Members Barrentine. Moore , Bradshaw, Garren, Wolosyn, Woodward. Tomasso None u pubhc hearing wa, heduled before Council. 11 . Onliaucn. Rnolatioa ud Modom (al Approval of Ordinances on First Reading (1) Director Gryglew1cz prescn1ed a r~mmcndation from the Dcpanmcnl of Finance and dmon, trau,e Services 10 adopt a bill for an ordinance approving the 2006 Budget for the City of Englewood . He said I tu,e hon prcscnta11on. we basically budget all year long, as you are well aware . We first met on May 1• of this year 10 um the pr e . We wen1 lhrough a preliminary budget on August ts•. The Council actually received their budget on ptember l •. tequ11ed on the Charter. Then a Public Hearing was held. here in the Council Chambers, on the 19"' of prember Then e mel a aon 1>n ptembcr 24'", for a Saturday session, and discussed the budget at that time . The one I Jm ,>on 10 pooru 1,u1 ~ lhe General Fund. because 11 is the fund that provides the services to the citizens that are considered publo .. on narun, h e , poh,e. fire. pubhc works, parks and recreation and library . And for 2006. the budget has a tOtal ut J6,_ 6..294 . total USC'>, of funds of $36.136.240.00 and that leaves a total undesignated, unreserved ,497,9 l • ,.h, h I IS .Ml of budgeted revenues . I can take questions at this time if there arc any . \1• >< <i.irrett .t cd rf there ,.ere n) que uons for Mr . Gryglewic z on the budget. I m , ~ ,llJd,..rd od Franl , on lh1 s budget . how many curre nt staff lose their jobs. specifically because of this I U, k"' o..z od none of the taff lose their Jobs. although there will be one position that won't be filled, but I r k.C IIJJo a posmon on there that they feel 1s more critical, but no one is losing their job. Mr . nJ d., c ha,e n} type of hinng freeze that will be put in place. or in place currently? Mr. t " tome and the only way that would be implemented is if the City Manager deemed that ,n .ti , "'ere c treme enough to do that. And that would be brought to Council's attention prior c Mr 1 >d,..rd td ol ay. thank you . n for Mr . Gryglewicz . There were none ' .· .. .. • • - Englewood City Council October 3, 2005 Page6 ·• • • 0 (J COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) • COUNCIL BILL NO. 44. COUNCIL BILL NO. 44, INTRODUCED BY COUNCIL MEMBER BRADSHAW A Bll.L FOR AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 2006 . Mayor Garrett asked if there was any discussion among Council. Council Member Barrentine said I will be voting against the budget and the reason for that is that it has very little to do ... some of it with staff. The process that we went through was somewhat embarrassing to me. 'ihc Council's main job is to hire a City Manager, to hire a City Attorney and to deal with the City's budget. The first several meetings we didn "t even talk about any money. At the end, the last hour that we actually spent on this, certain cuts were talked about and not everything is being put on the table. When you are talking about not having public process and public votes for money going out and you are saying, well it is in the budget, when it comes down to spending real money, that is different . I think the Council needs lO be much more active and much more involved in this budget process. And I think, when it comes to discussing it and in the final hour of budget you've got dcpaftment heads who say, well I never really needed this position, I never really needed this money ... then that should have been eliminated in the process, if it wasn 't a necessary function o f their department and shouldn't have been something to be held out at the last minute to placate any situations that were going on . If there are things that are in budget, in depaflments, that aren't necessary, they should have been eliminated out of that budget a long time ago. Like I said , this is a major process of Council. I think we should be much more involved in it. Like I said, the first several meetings we didn't even talk about money . I have a huge concern about Council acquiescing their authority and their power over the process, so I will be voting no . Mayor Garrett asked if there were any other comments from Council. There were none . Vote results: Motion carried. Ayes : Nays: Council Members Moore, Bradshaw, Garrett, Wolosyn, Woodward , Tomasso Council Member Barrentine (ii) Direcior Gryglcwicz preseuted a recommendation from the Department of Fmancc Uld Administrative Services to adopt a bill for an ordinance appropriating the 2006 Budget for the City of Enalcwood. He said this bill for an ordinance is related to the budget, it actually allows the spending of those funds and. as I pointed OUI earlier . the fund s for the General Fund for 2006, to be spent, arc $36.136.240 .00. Ma yo r Garrett as ked if there were any question s for Mr . Gryglcw ic z. There were none . COUNCIL MEMBER WOLOSYN MOVED, ANO iT WAS SECONDED, TO APPROVE AGENDA ITEM ll (a) (ii ) • COUNCIL BILL NO. 45. COUNCIL BIL L NO . 45 . INTRODU C ED BY COUNCIL MEMBER WOLOS YN A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY Of E NGLEWOOD . COLORADO . FOR THE FISCAL YEAR BEGINNING JANUARY I , 2006. D ENDI NG DECE MB ER 3 1, 2006 , CONSTITUTING WHAT IS TERMED THE ANNU AL APPROPRl T IO Bill FOR THE FISCAL YEAR 2006 . Mayor Garrett asked if th ere wa s an y disc uss ion amon g Counci l. Co un ci l Member Barrentine said I j ust want to re ite rate ,-hat I 1d be ore . I ~•II tlavc t, ,<>1c "'~ th" nc , · 11" the a pp ro pri atio n fo r the budge t I j ust had a pro blem ,rnh . Mayor Garr ett asked if th ere we re an y oth er co mmcm There re ra ' • • ( 0 En1lewood City CouncU October 3, 2005 Pa1e7 Vole results: Motion carried . Ayes : Nays: Council Members Moore , Bradshaw, Garrett, Wolosyn , Woodward, Tomasso Council Member Barrentine (iii) Director Gryglewicz presented a recommendation from the Department of Finance and Admini strative Services to adopt a bill for an ordinance approving the 2006 Budget for the Littleton/Englewood Wastewater Treatment Plant. He said the beginning Fund Balance for the budget is $115,674.00 . Total sources of fund s fo r 2006 is $49.186,470.00, which is the exact amount of the use of funds for the year, which leaves an ending Fund Balance of SI 15,674 .00. Mayor Garrett aslted if there were any questions for Mr. Gryglewicz. There were none . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (IH) • COUNCIL BILL NO. 46. COUNCIL BILL NO . 46, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE ADOPTING THE BUDGET FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT FOR THE FISCAL YEAR 2006 . Mayor Garren asked if there was any discussion among Council. There was none . Vole nsulls: Motion carried. Ayes : Nays : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None (i v) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance appropriating the 2006 Budget for the Littleton/Englewood Wastewater Treatment Plant . He said the appropriation for the Littleton/Engl\l wood plant for 2006 is $49,186,470.00. Mayor Garrett as ked if there were any questions for Mr. Gryglewicz . There were none . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iv). COUNCIL BILL NO. 47 . COUNCIL BILL NO . 47 , INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY I . 2006, AND ENDING DECEMBER 31 . 2006 . CONST ITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2006 . Mayor Garre tt asked if th ere was any di sc ussio n among the Council. There was none . Vote results: Moti on carried . Ayes: Nays : Cou ncil Members Barrentine , Moore, Bradsha w, Garren , Wok>S)'ft, Woodward, Tomasso None (v) Director Gryg lewicz presented a recommendation from tile ncp.,-of F--c ...t Administrative Services to adopt a bill for an ordinance approving the 2005 Mill Le,y for lenJUII •. He die t .· .. . .. • • - Englewood City Council October 3, 200S Pagc8 mill levy for the General Fund for 2005, and collected in 2006, is 5 .88 mills . That is unchanged and has been unchanged for over ten years . The Debt Service mill levy for 2005, and collected in 2006, is 2 .22 ,mills. And if you look in the Council Communication I prepared for Council, it shows a breakdown of what a homeowner in the City, with a $200,000.00 house , would pay to the City for property taxes and the total of that is $128.95. That includes Debt Service and the General Fund, which is actually a little bit less than last year. Mayor Garrett asked if there were any questions for Mr. Gryglewicz. Council Member Woodward said Frank, basically what you are saying is, on a market value home of $200,000.00, of real estate property taxes that are collected by the County, $128.95 goes to the City. Mr. Gryglewicz said that is correct and $33.34 of that actually goes ln Debt Service to pay for the Recreation Center improvements and Pirates Cove. Council Member Bradshaw said and that is what residents pay for a full service city . Mr. Gryglewicz said yes . Ms. Bradshaw said okay. Mayor Garrett asked if there were any other questions for Mr. Gryglcwicz. There were none. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (v) • COUNCIL BILL NO. 43. COUNCIL BILL NO. 43, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO . Mayor Garrett asked if there was any discussion among Council. There was none . Vote results: Ayes: Nays : Motion carried. Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading . (Sec Agenda Item 9 -Consent Agenda.) (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval . (Sec Agenda Item 9 • Consent Agenda.) 12 . General Discussion (a) Mayor's Choice (i) Mayor Garrett said , hopefully, I have the list of what was recommended by our speakers during the un scheduled public comment portion of the meeting. The first one wa s that they would like an altemati vc to the acc reditation education requirement, as proof of a certificate from the BoarJ and I don't know what Councils' feelings arc toward ha vi ng an alternative. Council Member Moore said I think it makes sense. myself. Ms. Bradshaw said I do too . In res ponse to Council Member Woodward , Mayor Garrett explained that they are requesting a change in the proposal that ' ) we saw a t Study Session. where there is an alternative to the educational requirement, that they can provide proof of the c· ce rtific ation . Council Member Bradshaw said would that add "or"? Mayor Garrett said or ... it would be "or te st." They are shaking their heads yes. that I got it right. Mr . Garrett as ked if there were other comments. Everyone was in favor of thi s bcmg inserted into the draft. t • • Englewood City Council October 3, 2005 Page9 ·• • • 0 \---. t~- Mayor Garrell said the next two arc sort of two changes to the definitional piece. One is using the word "external" instead of "outer", that we used in Study Session . ls everyone okay with that? Ms. Bradshaw said that is fine and the others agreed . The second one was to include ''the lower leg and the lower ann" with the same qualifications. Council Member Woodward said the lower leg and the lower ann, does that mean the ankle and the wrist? ls that what we are talking about? Ms. Fahey said the forearm is from the elbow down and the lower leg is from the knee down. Mr . Woodward said okay. Mr. Garrett said the answer is no. Mr. Woodward said right, the answer is no that is not the ankle. Mayor Garrett said what is Council's feeling on adding that? Everyone agreed it was okay. Mayor Garrell said the last one that was mentioned was the removal of the requirement for a criminal background check . City Attorney read the following: Criminal Background is the applicant shall be required to submit to a police background investigation as part of the application process. He said that aciually goes with, § 5-8-4: which no applicant with a felony record or who has been convicted of a charge regarding morale turpitud e, shall be allowed to obtain a rcflexologist license . He said that is why the background check is required. Ms. Bradshaw said that can remain the same as far as I'm concerned. Council Member Tomasso said I think with the massage issue, it remain the same ... both ordinances the same. Council Member Woodward said I think it should remain the same . Real estate brokers go through those type of background checks. soccer coaches and I think with some of the things that have come up with physicians and dentistry and stuff like that, I don't see any downside with it, other than having to go get fingerprinted and having a background check . I can't imagine why somebody would have a problem with having their background checked. Mayor Garrett asked if there were any other comments from Council. Council Member Barrentine said you arc mistaken. The licensing for doctors and nursing professions require, in order for them to get a license, for them to submit to a background check. Now what happens is, it doesn't mean that, automatically, someone with a felony conviction wouldn't be approved. but then it docs go to the Board for a deliberation to see if they arc still safe to practice and get a license. So, I wouldn't expect anything different when someone is working with the public . Mayor Garrell said it sounds like we will keep that in, so the changes will be ... adding the alternative change to the definitional piece by two , but otherwise leaving the proposed ordinance as drafted. Mayor Garrett sai d our scheduler will put thi s on for first reading on October 11• and final reading will be November 1•. Thank you ve ry much . (bl Council Members' Choice (i ) Council Member Barrentine said it is always kind of nice, every couple of years. when people ge t mo re invo lved in the election, you hear more from people and I have had a lot of complaints over the last couple of \\Ceks. I th ink o ne of the maj or things that most people bring up to you arc Code Enforcement issues and unfortunately , second to that, over the two years that I have been doing this, our Building Department and our Community Development Department. A couple of weeks ago I went, at the request of Charles and Sandy Butler. to their home ... and they arc here in the audience ... regarding their dream . And that was, that they want a boat. They purchased a boat to retire in. They have been in thi s communit y a long time . I went to their home. it is well kept. it is beautiful and their back yard, if you ever need 10 relax. 1f the y d o n '1 kick you out of there . is very peaceful and well groomed . They would like to put something there to pro1cc1 thi s hu ge investm ent. .. they would like to retire on thi s boat. And like similar complaints that I have heard, because th ey a re law a biding people, they ca lled and tried to get the information on how they could put a cover over thi s. They sec a lot of these covers and the y would like 10 put one in their back yard. They were told a lot of things that aren't true . It is not going 10 be connected to the propcny. They "'ere told it had to be made out of the same material u the propcny . They bche,c !he) got lot of double peak and a lot of mlSlnformauon . This . combined wtth an experience four or five ycan ' . .. • • Englewood City Council October 3, 2005 Page 10 ago, when they tried to put up a carport and had a horrible experience with the City, has put them in the position where they would rather sell the boat than put up with the City . I hear a lot of talk about wanting to be homeowner friendly and business friendly and yet I hear from companies who want to redo their sign and can't because they arc being strong armed by Community Development to do something else, in order to do something that they are grandfathered into. We ilavc the problems with places like Lock and Stain Glass, where they arc trying to come into a business on Broadway, and take something that was blighted and a horrible situation where we had vagrants and it was dangerous, and we arc trying to get a legitimate business in there . And I'm getting nothing but complaints, whether it is Bear Axle and Frame wanting to do their sign, whether it is UnDici getting stop work orders, whether it is L'iis gentleman who would like to have a cover for a very expensi\'c investment in his backyard. So, what I would like to request is that I get some information from Community Development and the Building Department on these issues. I would be more than willing to go over some of the individual complaints, as well as I am sure this gentleman would like to talk about some of the problems that he has encountered, so that people could actually expect Englewood to be a little bit more user friendly and have businesses come in . We have a reputation that keeps the businesses out. A gentleman bought some property, sold it. He came to our Community Development Department and was told that he could not subdivide that property out. that it was ail one lot. He spent money, got an architect, went to the County Assessor and found out that wasn't even the uuth . And then we sit back and go , my bad, after people have spent that kind of money on an investment. So, if wc could all get on the same page. which I thought the Uniform Development Code was supposed to do, and start being user friendly. so that people are not telling me that they would rather sell a boat ... their dream ... rather than deal with the City again or leave a sign damaged, rather than replace it with something new and modern. because they don't want to work with the City . I really believe that we could try and get together and sec if we could make something at least workable ... at least workable , this is ridiculous . So. if you would be willing to. then I would be more than happy to sit down with Community Development and with some of these people and find out what some of their issues arc and sec if you would be willing to work with them. Otherwise, I am hearing everything from they would rather sue the City or move out or sell their boat and I would rather that those options didn't happen . (ii) Council Member Bradshaw: l . She said first of all I would like to request a report on the mill levies for Sheridan and Littleton as far as property tax and include Special Districts and any other fees they pay . I know they pay the South Suburban Parks and Recreation . And what that average, on a $200,000.00 house , would be. Cit y Manager Scan said for two years? Ms . Bradshaw said probably for 2006. if wc could look at it for just that one year . 2. She said kudos to everyone who helped with the Household Hazardous Material Roundup. Jim , I hope I didn't . teal yo ur thunder , but when I saw the different depart-nu ... Safety Services, Community Development and Public Works ... 111 nice that everybody works together on that. It is ruce to know that wc didn't have as much ha z.,rdous waste as -.e have m the past . 3 She sa id I wo uld al so like to thank Harold Stitt for the excellent report on the BID and organizational issues. That rc3lly helped me und erstand 11 better. so 1f yo u would convey tha t to Harold , I would appreciate it. 4 She sa id I -.o uld like Code Enforcement to focu s on trailers being hvcd 1n, in residential areas . It seems there ha s been so me concern . I ~ve had three different calls and I have some addresses that I will get to you. Thank you . (iii ) Council Member Woodward : 1. He said 1 want to acknowledge and compliment the Englewood Employee Association and all Englewood empl oy ees for their efforts toward the fund raising and donations for the Hurricane Katrina Relief Fund and the energy they put int o that. 2. He said 1 want to second what Bev said about thanks to Harold and Community Development for the information on th e BID . It certainl y was helpful and clarified a whole lot of thmgs for me . Thank you. (av) Co uncil Member Wolosyn wd I feel 1 have to sa something about the way we address the budge t We tartl'd . 1 thmk . back m Ma y or June looking at drafts and heanng rcpons from Cat depanmenu on die dire 11 0n th e) wan ted to go . I',e been o n C'at ounc1l for ,x )'Can and I do read the budaet e,-ery ya, and_ I do kno• the ' .. .. • • -- ( Englewood City Council October 3, 2005 Page 11 ·• • • 0 percentages . I look and I see per sonnel and commodities and this year there were minimal increases, as I understood it. I have worked with the staff for six years and I have come to have respect for them . And I think that John 's exercises ... ha vi ng us drill down ... brought out some useful points, but short of micro managing the budget, we did have discussions thi s year, from May through September 24 111• To me , I do know the numbers and I keep apprised of them. I respect our staff and I think that our City Council does as good a job, short of micro managing the departments, as we can. We are policy makers . The departments run the government under the City Manager. I thinlc that we do our job, to the best of our ability . Somebody had requested that Frank put in numbers about other cities .. .I thinlc there were four or five other cities. I was looking at their Fund Balances and , actually. I go down to the Auraria Campus all the time and read other budgets . It gave me the opportunity to look at these other communities and I think that is sort of where Bev is going. They do n't have any recreation facilities ... they make agreements for their citizens to use certain facilities in Greenwood Village. They pay into a Fire District, as docs Littleton . Littleton citizens ... Littleton citizens. not Littleton City government ... pay into a Fire District. What it brought home to me. once again, was that it is preuy amazing, for a City like Englewood, that doesn't have a lot of big box retail and doesn't have a lot of room for growth, is continuing to provide full service ... full service. How many tax distJicts arc any of us paying into? SCFD ... SCFD which comes back to us ... and RTD. I just want to say that it is a difficult and emotional process every year and so be it. money issues arc always like that. That is all I have to say . Council Member Barrentine said I am sorry. but I never said that we were micro managing. Ms . Wolosyn said I didn't say yo u were, I said short of micro managing and I gave my opinion. M s. Barrentine said I said by Charter we arc obligated to do the budget. It is one of the three jobs that we are supposed to do and I find having any budget meeting where we don't discuss finances is di sturbing. I am not interested in what Littleton docs or what Littleton residents pay for or Greenwood Village ... we don't have th eir money or their issues . I am interested in Englewood being the absolute best that Englewood ca n be . It is not micro managing ... it is fulfilling our obligation as elected officials to do this budget. I was going to say I believe the process was a joke. I believe we need to take it more seriously and be more involved. Council Member Wolosyn sai d I am going to repeat one more time, I, myself was dealing with numbers and I know John forces me to deal with numbers and it is one of the reasons I really appreciate working with him. And that is all I am going to say. Council Member Woodward said I would like to just comment. At our meeting on the 8111 of September we looked at cutting and we did end up cutting $698,100.00 out of the budget. Coming back on the 12111 of September, we. at that meeting. looked at or di sc ussed and wanted to take a look at. .. if there were any possibilities or opportunities to cut an additi o nal $100,000.00 o ut of the budget . And that is how we got to our final budget. Now . I know. I would like to think all of us go through th ese budgets and spend a lot of time on them . I know I do. I feel real comfortable and proud of the budget for 2006 and the process we went through that goes back to May. when we had our initial meeting . And that is all I ha ve to say about this . Coun ci l Member Barrentine said in answer to that that is exactly what I said. I said thi s had less 10 do with staff and the department heads , than it did with Council. We sat there and we decided to have these guys bring back $100.000.00 "''Orth o f cut s, yet the pet protects of thi s City Council weren 't even discussed . There wasn't even the opponuniry to discuss pet projec ts. that arc $400.000.00. They wcrcn 't even put on the table to be part of the discussion. You asked these guys to go back and nickel and dime their departments and yet you were not even willing to have the discussion on a $100,000.00 art s pa ce, that isn't even in use. that would have no impact on the community at this time. Council Member Woodward said you put it on the tllble . Lauren. Ms . Barrentine said those were the issues that I had. That is why I am e mbarrassed about the Coun ci l, not th e staff. They ca me back with the ir cuts . We didn 't o ffer up anything. Coun cil Member Wo losy n said I am going to offer one more thing, Doug. and I am going to apologize for having to do thi s, but I have to do this for the peop le I work with . That Cultural Arts space is not a frivolous project. It is something that has been worked o n for six years. People have been movi ng along, putting money away, and working on partnerships to provide a quality of hfe facility in this City, for very liule mone y. Englewood Arts is actually going to bring money to the table Yes . I'm a champi on of the an s in th e Ci ty. I believe that I do it in a modest way. that is respectful of the other budgets and I know th at I do. $400,000.00 worked out over a long time. but we are actually going to bring in excess of 70.000.00 to the tabl e to finish it. Over s ix years. that is modest and I am proud of it . I commend the people who work on 11 I lno-. 11 ,s going to be a great facility for performance . for meetings, for schools and for our community. I think 1t 1s gom~ to be on of the many thing s that make Englewood a full service City for a very modest amounl of money. I 11,-ant to u e th, opportunll) to thanl t ,s o unc ,I , wh, h has been so good at helping me inch along on th, , and these pcopk ' .. • • Englewood City Council October 3, 2005 Page 12 Council Member Tomasso said historically, Lauren, they said the same thing about the Recreation Center, before the Recreation Center was stancd. People were against the Recreation Ccntcr ... they couldn't see what it was going to bring to the community. Ms. Barrentine said they voted for that. .. they brought it before a public forum . They voted for a bond issue to have those things done. If you want this Art Center and the SHl0,000.00 ... you arc right, she is right, the $100,000.00 is only a portion of that. The whole amount is $400,000.00 for that room, of which a $75,000.00 portion, some portion ... is being paid for and it may be a little more than the $75,000.00, privately. It is a $400,000.00 room. If this community wants it, if they see the value in it, then go make the case to them and have them vote for it. The $100,000.00 I'm talking about is only the $100,000.00 that we arc going to spend, o f dollars that we have not even earned yet and that wasn't brought to a public process. Now, I am willing to agree that if it goes through public process and people vote and it wins by 5 or 7 votes ... then that is the will of the people. We went ahead and did it. We did Pirates Cove. We did Oxford and we did the Malley Center, but people voted on it. This was an agreement that was done in a Study Session where I have to argue for things to be voted on in public, on the record, in Council. That is ridiculous and still embarrassing. Council Member Wolosyn said this was voted for in public, period. Council Member Moore said Your Honor, I am proud of the effort that the six of us made to work together to come to a budget. The results were not what I wanted, but I am only 1/6111 of the parties that participated. I respect everyone's effort. I respect the staffs effort. I am proud of my vote and I think the Englewood residents have a very strong Council that has served them well over the last four years in these hard times. That is all that I would just like to add . 13 . City Manager's Report City Manager Scars did not have any matters to bring before Council. 14 . City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. 15 . Adjournment ' ... • • PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBUC COMMENT I DATE: October 17, 2005 PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PRINT NAME ADDRESS r wt .. t •. -~ • • - Message Lou Ellls To: Kerry Bush; Jeanne Kelly Subject: FW: National Federation of the Blind Proclamation FYI ····-Original Message---· From: Sue Bradshaw Sent: Monday, October 17, 2005 8:54 AM To: Gary Sears; Douglas Garrett Work Aa:ount Cc: Lou Ellis subject: National Federation of the Blind Proclamation Page 1 of 1 Jeremiah Beasley, President of the NFB of Denver, and Brent Batron, NFB Board Member, will be present tonight to receive the National Federation of the Blind proclamation. Thanks. Sue IOll7n005 t .... .. .. • • -- ( ·• • • PROCLAMATION • ( .-,-,_ -l \ I J . __ J WHEREAS , the National Federation of the Blind (NFB) was founded in 1940, to end discrimination against the blind and to secure first-class citizenship for all blind persons; and WHEREAS, today the Federation, representing more than fifty thousand members across the country continues to work to secure equal rights and opponunities for the blind; and WHEREAS, the National Federation of the Blind works to change attitudes about blindness by providing information about blindness to parents , teachers, school administrators, and business, political, social , and civic leaders ; and WHEREAS , since blind people and blindness arc still frequently misunderstood, the National Federation of the Blind has developed a public education campaign, Meet the Blind Month , to create opportunities for the people of Englewood to learn firsthand that blind people are basically like everyone else; and WHEREAS , the Colorado affiliate of the National Federation of the Blind, now in its so•h year , invites neighbors , coworkers , and classmates to join them at various Meet the Blind events throughout the month of October to learn how blind people lead full and active lives; NOW THEREFORE, I, Douglas Garren, Mayor of the City of Englewood, Colorado , hereby proclaim the month of October, 2005, as : National Federation of the Blind MEET THE BLIND MONTH and urge all th e citizens of the City of Englewood , Colorado to accept this invitation to meet members of the voice of the nation 's blind, the National Federation of the Blind. GI VEN under my hand and seal this 17th day of October, 2005 . Dou glas Garren , Mayor ,-._. ·-·· ---~ -, ~$/" __ ,.,_ 1 f •· • •• • • PROCLAMATION WHEREAS, the City of Englewood is committed to enswing the safety and security of all those living in and visiting our city; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at the greatest risk from fire; and WHEREAS, the nonprofit National Fire Protection Association (NFPA) has documented through its research a significant increase in home candle fires, even as most other causes of home fires have steadily declined; and WHEREAS, the City of Englewood's firefighters are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, Englewood's residents are responsive to public education measures and are able to take personal steps to increase their safety from fire; and WHEREAS, using proper care with candles will have a positive effect on the home fire problem; and WHEREAS, each candle fire that is prevented in Englewood is an opportunity to prevent painful injury and costly property damage; and WHEREAS, the members of the fire service are joined by other concerned citizens of Englewood, as well as other emergency service providers and safety advocates, businesses, schools, service clubs, and organizations in their fire safety efforts; and WHEREAS , the 2005 Fire Prevention Week theme, "Use Candles with Care: When You Go Out, Blow Out!", effectively serves to remind us all of the simple actions we can take to stay safer from fire during Fire Prevention Week and year-round ; NOW THEREFORE , I, Douglas Garrett, Mayor of the City of Englewood, Colorado, hereby proclaim the week of October 17th through 21st, 200! as : FIRE PREVENTION WEEK throughout the City of Englewood, Colorado and I urge all the citizens of Englewood, Colorado to heed the important safety messages of Fire Prevention Week 2005, and to support the many public safety activities and efforts of Englewood Safety Services. GIVEN under my hand and seal this 17th day of October, 2005. Douglas Garrett, Mayor ' .. .. • • ( ORDINANCE NO. SERIES OF 2005 ·• • • BY AUTHORITY COUNCIL BILL NO. 41 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING TITLE 5, CHAPTER 3, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO ALCOHOLIC BEVERAGES. WHEREAS, this ordinance makes housekeeping additions and deletions consistent with changes in the Colorado State Liquor Laws; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. The City Council of the City of Englewood, Colorado hereby amends Title 5, Chapter 3, Section l, of the Englewood Municipal Code 2000, the following definitions shall be inserted in alphabetical order and will read as follows : 5-3-1 : Definitions FermenJed Malt Beverages: Any beverages obtained by the fermentation of any infusion or decoction of barley, malt, hops or any similar product, or any combination thereof, in water containing ngt less than one-half of one pqcept alcohol by YP1YPIF and not more than three and two-tenths percent (3.2%) alcohol by weight or four pen:ent (4%) of alcohol by volume, exmt that "fermented malt hexemse" shall pot incJude copfectjgpgy contaiuinK alcohol within the limits ocescribqi bx SectiPP 25-5:410 Cll CD@ CR S Merlicinal :teirituRHst Uauers· Any alcohol bexmse exGFPJins bper apd wipe Jhat hp a aged in wogd for four xears and bopded bx The Unitgt SWR IPYSPfiFPt a,wJ is at lwt one hundrgl nroof Spirituous Liquors: Any alcoholic beverage obtained by distillation, mixed with water and other substances in solution, and includes among other things brandy, rum, whiskey, gin and every liquid or solid, patented or not, containing alcohol and which are fit for use for beverage purposes. And containing one-half ( I /2) of one percent (I%) alcohol , by volume. Any liquid or solid containing beer or wine in combination with any other liquor except as above provided shall not be construed to be f ennents;d malt or J11i11t or vinous liquon, but shall be construed to be spirituous liquor. Vinous Liquors: Includes wine and fortified wines ee11klilli111jhat coptajp got ISM thap one- half e.Llal ofone percent (I%) alcohol, by volume but not exceeding twenty-one pen:ent (2 1 %) of alcohol by volume and shall be construed to mean alcoholic beverages obtained by th e fermentation of the natural sugar contents of fruits or other agricultural product containing sugar. ' .. .. • • Section 2. The City Council of the City of Englewood, Colorado hereby amends Title 5, Chapter 3A , Section 3, Subsection F, of the Englewood Municipal Code 2000, to read as follows : 5-3A-3: Licensing Authority Established .* F. The City Clerk shall receive all applications for licenses, and shall issue all licenses granted by the authority, upon receipt of such license fees and taxes as arc required by law and this Code. The City Clerk shall serve as the official secretary of the authority and shall designate a person or persons to provide the necessary secretarial and reporting services for the authority . The City Clerk or his desipate ~shall attend the meetings of the authority . All public notice by publication in a newspaper and by the posting of signs, as required by the Colorado Liquor Code, shall be accomplished by the City Clerk. Section 3. The City Council of the City of Englewood, Colorado hereby amends Title 5, Chapter 3A, Section 5, Subsection C, of the Englewood Municipal Code 2000, to read as follows : 5-3A-5 : Notice and Hearing Procedures. C. Public Hearing. 1. The Licensing Authority shall promulgate rules of procedure for the conduct of all bearings on applications for licenses or for revocation or suspension of licenses. 2. The Licensing Authority shall have the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books and records necessary to the determination of any bearing which the Licensing Authority is authorized to conduct It shall be unlawful for any person to fail to comply with any subpoena issued by the authority in the proper conduct of its bearings. The Municipal Court of the City shall enforce the subpoenas of the Licensing Authority, and upon good cause shown, shall enter its orders compelling witnesses to attend and testify or produce books, records or other evidence, and shall impose penalties of punishment for contempt in case of failure to comply with such orders. 3. A subpoena shall be served in the same manner as a subpoena issued by the District Court of the State of Colorado. Upon failure of any witness to comply with such subpoena, the City Attorney shall, at the direction of the authority : a . Petition any judge of the Municipal Court of the City, setting forth that due notice bas been given of the time and place of attendance of the witness and the service of the subpoena, that the court, after hearing evidence in suppon of or contrary to the petition, enter its order compe lling the r1itness to attend and testify or produce books, records or other evidence, under penalty of punishment for contempt in case of wilfw~ failure to comply with such order of court, or b. Petition the District Court in and for tbe County of Arapahoe, setting forth that due notice bas been given of the time and place of attendance 2 ' ... .. • • ( 0 ·• • • of the witness and the service of the subpoena, that the court after hearing evidence in support of or contrary to the petition, enter its order as in other civil actions, compelling witness to attend and testify or produce books, records or other evidence, under penalty of punishment for contempt in case of willful failure to comply with such order of court. Section 4. The City Council of the City of Englewood, Colorado hereby reformats Title 5, Chapter 38, Section 3, Subsection B, of the Englewood Municipal Code 2000, into table format to read as follows: ARTICLE B. LICENSE CLASSIFICATIONS AND FEES 5-3B-3 : Annual License Fees and Occupation Tax. A . Annual license fees shall be paid to the City as provided by State law, shall be paid in advance, and shall not be rebated or discounted on a proportionate basis for any license in existence or issued for less than a year. Said fees shall be in addition to any annual license fees or registration fees required to be paid to the State. B . The business of selling at retail any fermented malt beverage, malt, vinous or spirituous liquors, is hereby defmed and separately classified as an occupation as specified below. The following annual occupation taxes arc hereby established and shall be paid by the applicant or licensee to the City: I. Retail liauor store $300.00 2. Liauor-licensed drull. store 300.00 3. Beer and wine 450.00 ~ 4. Hotel and restaurant 650.00 5. Tavern 650.00 6. Club 450.00 7. Arts 00.00 8. Brew pub, 750.00 9 . Optional premises 650.00 10 . Ontional premises with hoteVrcstaurant license 100.00 each nntional """mises 11. Bed and breakfast 00.00 12 . Mini bar 4SO.OO 13 . All licensees licensed to sell fermented malt beverages 4SO.OO for consumption both on and off the premises 14 . All licensees licensed to sell only fermented malt 450.00 beverages by the drink for consumption on the premises 15 . All licensees licensed to sell only fermented malt 300.00 beverages in their original containers for consumption off the premises Said taxes shall be in addition to the annual license fees paid to the City and the State and shall be paid prior to the issuance or renewal of the City license. No refund of any tax paid in accordance with this chapter shall be made to any person who discontinues or sells 3 ' .. • • -- 0 •• • • 1""', I I ~ his/her business during the duration of the license; provided, however, that the new owner of any establishment, when approved as the new licensee, shall be credited on a daily basis for any occupation tax paid by the previous owner for the unexpired term of the previous owner's license. In addition to any other remedy provided by this chapter, the City shall have the right to recover aJI sums due and owing under this chapter by any civil remedy available under existing law. Furthermore, the provisions of Section 4-4-19, Englewood Municipal Code, 2000, "Unlawful Acts", is incorporated herein and made applicable thereto: Section 5. The City Council of the City ofEnglewood, Colorado hereby amends Title 5, Chapter 3B, Section 4, of the Englewood Municipal Code 2000, to read as follows: 5-3B-4: Manager's License Required. Each licensee, including a hoteVrestaurant licensee, shall manage the licensed facility or special event himself/herself or shall have a separate and distinct manager who shall be registered by the licensee with the local licensing authority. When a licensee ceases to be the manager of the facility himself/herself, or his/her manager of record ceases to be the manager of said facility, the licensee shall notify the City Cieri ,wilhiB five (~) days and shaJI designate a new registered manager within thirty (30) days. It shall be unlawful for the licensee to fail to comply with the requirements of this Section. There will be paid to this City a seventy-five dollar ($75 .00) registration fee to defray natural and necessary expenses incurred in establishing the character, record, and reputation of each registered manager. Section 6. _The City Council of the City of Englewood, Colorado hereby amends Title 5, Chapter 3B, Section 5, of the Englewood Municipal Code 2000, to read as follows: 5-3B-5 : Fees. Application fees for licenses shall be payable to the City as foliows: A . New license $500.00 B . Transfer of location of existina license 500.00 C . Transfer of ownership of existing license 500.00 D. ChanRe of corporate structure for existina license: I. For each background investigation conducted by the 100.00 City for each new officer, director, stockholder or member of a corooration or limited liability comoanv 2 . Exemption to change of corporate structure background investigation: a. This fee shall not be charged for a nonprofit organization. E. Renewal of existing license 50.00 F . Temoorarv permit pending transfer of ownership 100.00 G. Late fee for renewal applications filed within ninety (90) 500 .00 days after the expiration date ~ Ge11ettfte111 ,evie'l'I ~ These fees shall be in addition to any additional fees imposed by the State. 4 C.) ' ... • • ( ( ( Section 7. The City Council of the City of Englewood, Colorado hereby amends Title 5, Chapter 3B, Section 6, of the Englewood Municipal Code 2000, to read as follows : 5-3B-6 : Receipt for Fees; Display. Upon receipt of the taxes and license fees imposed by this chapter, the City's Financial Services Department shall issue a receipt showing the name of the person paying the same; the ar.i11ual pefi.ed fer .. hieh the lll!l is paid and the location of the place of business for which the same is paid. The penon operating the business shall at all times during the year keep the receipt posted in a conspicuous place on the premises. Section 8. The City Council of the City of Englewood, Colorado hereby amends Title 5, Chapter 3B, Section 8, of the Englewood Municipal Code 2000, to read as follows : 5-3B-8: Special Events Permit Fees. The Local Licensing Authority shall impose a fee (per event} for posting, investigation, aad issuance of any special event permit as follows: A. Twenty-five dollars ($25.00) for I malt beverage permit. B. Twenty-five dollars ($25.00) for a malt, vinous and spirituous liquor permit. Said fees shall be in addition to any fees imposed by the State. Section 9. The City Council of the City of Englewood, Colorado hereby amends Title 5, Chapter 3C, Section 1, by the addition of a new Subsection C, of the Englewood Municipal Code 2000, to read as follows: 5-3C-I : Unlawful to Take Orders, Handle. s;: Unlawful acts exceptiops 1. Exceot v orovided in Scctjgn 18-12· l 22 C R S it is yplawfW for IPY ggsop · !Al Io sell srve giye ,wax dispoas of, casbeoec w delim or pqmiJ the sale servin@ Bivins or procyripg or apy alcohql hcxsue to a xisiblx in1Pxirete1 oerson or to a kpowp habityal dnmkenl Uu Io sell KD'e, Rive awav dilPPK oC sxcbePss 9f dclixs or pqmiJ the We servin s sixins or WPSurios or apy alcohql hcYSBss IA or fw MY ggsop un4cc the ass of twgpty:9QC (21 l ygn Section IO . The City Council of the City of Englewood, Colorado hereby amends Title 5, Chapter 3C , Section 3, of the EnaJewood Municipal Code 2000, to read u follows : -3C-3 : Unlawful to Possess Open Container of Intoxicating Liquor in Public . 5 ' . .. •' • • ·• • • A. It shall be unlawful for any person to have in his possession or under his control in any public place any intoxicating liquor in any container of any kind or description which is not sealed or on which the seal is broken, potwjthstanding any proyisjop gfC,R S 12-47- 421 to the contrarv, a Licen,c;ee described in SuJ?sectiop 2 max ps;rmit a gytgme,; of the Licensee to reseal and remove from the licensesJ nremises one oPFPed contaioer of QArtiallx consumed vinous liauor nurchnMX1 on the nremises so Jons u the ori8in1llx Rest container did not contaip more that 750 milliliteo of vinous liauw 1.. The orovisions of this section shall IPPIY to a LiGeP1esr !Al Jbat is dulx Jicepsed u a manufactun;r's LiGFPKF un4F Ss;ction 12-47- 402 a limited winqy LiGFPKF YP4s Spctigp 12-47-403, a J>eer and wine LiGFPKF under Ses;tjop 12-47;499 a bptel and rgtaurapg LifrGPP under Section 12:47::411 a tavern LiGFPKF YP4s Section 12-47-412 a brew nub Licensee un4e: Ses;tion 12-47::415 2r a vintner's rgtaurapt Licensee upder Section 12-47-420· and au That bu meals u defined in ktion 12::47-103 £20> available for cousumvtion on the licepsed PCCPliKI B. It shall be unlawful for any person to have in his possession or under his control any intoxicating liquor in any container of any kind or description, which is not sealed or on which the seal is broken, in any vehicle in those areas accessible to the driver and passengers of said vehicle when such vehicle is in a public place. This subsection shall apply to possession of intoxicating liquor in a vehicle, in areas of the vehicle accessible to the driver or passengers, when such vehicle ii in a public place. C. Exemption : The Englewood Liquor Licensing Authority may grant a special events permit under the procedures set forth in the liquor code. ~: Concemio@ alcoholic bexerases in motor vehicles 1.. Exccot as othcrwjs permjttql in PmSPPb 3 a PCP9P while in JU meamsEC area of a motor vehicle thag is on a public hishwax of thi& state or tbs ri1h1:or .. wax o[a oublic hishwax of this state max P9I kpowinstx · 1il.. Drink an alcoholic bever;ase or Ou. Have in his or her oossession an PPFP alcoholic t>exsuc cootaiPS l.. The Provisions of this Ssction CPl shall not apply to · Pusenssn othsr thy 1M drixs or a &opt Kl& reenss krsetcd ip the RNKPBFI area of I motor xshiclc dgjppd ,.;m,;w4 SI' YM4 primarily for the trapmortatiop of PSP9PI fw smoocoerer !bl. The P9§KHion bx ' DIIKPBS gthcr thy lbs drixsr 9( &ppg FIi PYKPBS[ of IP 9PSP aJcqbglic hgygrys sooseiw ip IN Jiyig AHIOFP of a house coach bpuse trails mpto( borns N sktiw4 ip Sectiqp 12· 1 • 6 ) ' .. • • ( ( l , ·• • 102(57> CR S or trailer coach u 4efioed in SSoo 42 .. 1-102 Cl06Xll ~ The oossessiop of AP open alcoholic hsixemse contains in the IRI behiQd the Jyt unrisht seat of a motor vehicle ghat is oot sx,uippgl with a llllllLJi1 ull The P9SKSsion of AP OPGP alcoholic lzeYFABS cops,jpq in M arg not oopnallx occupied bv the driver or a PMKPBS ip a motpr yghicJe ghat is not egyippgt with a bJmko A RFP9P whp xiolllFI the PTPvisiogs ofthia Sectiop cm cqmmigs a Dffic violation and shall lze nuniabed pursyapg to the En11ewP94 Municina1 C-Odc 9. ~-Definitions. For purposes of this Section : Alcoholic beverage· Means a beverase u definW in 23 CFR 1270 3Cal Container: Includes, but is not limited to, any decanter, bottle, can, jar, thermos bottle or jug. Motor Vehicle · Mew a vehicle driven w drawp bv me;bnoie,I pgwq apd manvfacturr4 ptjmatjJy for use on public hishwavs hut does not iocltMk a xd!ick 9PGJ1lGd sclusixelv on a rail wrails Oeea alcqboUc ooecao containcc; Men, a bgttle can or gthq rg;eptacJe ghat coptaips any amount of alcohgJic bt;vera@e and· Lil. That is opep or bu a broken sea1 or CQl. The coptents of which an; Pfdiallx rppgygt, Passeaver Arca · MaN the are 4GliBW4 to FIi the drim IP4 m,nma while a motpr vehicle is in oPGratioo Md apy arp.ghat ii DWMlx accgsibJs to tbs drixs or a DPIIGDRS while in his or her seating P91itioo ipcludina but got limitgl IA JhF slPYF f:9PlPIWDFPL Public Pla ce: Property either owned or controlled by a govcmmcntal entity, and shall include any place open to the general public, either free or by payment of an entrance fee, any si dewalk, street, alley , parking lot , park, poolroom, field house, stadium or ball park". Seal: Includes the regular and original tax seal applied by order of the United States government over the cap of each and every container of intoxicating beverages. Section 11. The City Council of the City of Englewood, Colorado hereby amends Title S, Chapter 3C, Section S, Subsection B 2, of the Englewood Municipal Code 2000, to read as follows : 5-3C-5 : Illegal Possession or Consumption of Ethyl Alcohol by an Underage Person . 7 ' ... .. • • 0 0 . B. I. Any person under twenty-one (21} years of age who possesses or consumes ethyl alcohol commits illegal possession or consumption of ethyl alcohol by an underage person. lllegal possession or consumption of ethyl alcohol by an underage person is a strict liability offense. 2. Illegal pesseesiea er eeB!IIIRlpliea efelhyl aleehel 1,y a llllilemge paoea shall lie pllftishell lly a fiae efaet mere Iha& eae h1111IWll liellll'II (SI 00.00). J:he Cellft, 11pea sealelleiag a llefeatiaiH pllN-t te this p&1'881'11Ph l, lll8Y ill adlliliea te BllY fiae, eftler that the llefeBtiaiH peReflB 11p te w:eaty fe11r (24) hellfl ef-fitl plllllie IMIFYiee, 11M RW)' fllfther erller that the llefeBtiaiH 11111,mit te 8811 ee1Bplete Bil aleehel e·,alllllliea er asse891BeBl, 8ft aleehel ell11eatiea pl'88fllllt, er 8ft aleehel lrelltlBeat pre8f1111t, at s11eh llefeaat's e·.vt1 eitpeB8e. Section 12. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare oftbe public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 13 . Severabiljty. If any clause, sentence, paragraph, or part oftbis Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 14. Inconsistent Qrdjpagi;es. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section IS . Effect of repeal or modjfication, The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held u still remaining in force for the purpolCS of sustaining any and all proper actions, suits, proceedings. and prosecutiom for the enfon:cment of the penalty, forfeiture, or liability, as well as for the purpose of svst•ioiog my judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions . Settion 16. ~ The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of thi s Ordinance . Introduced, read in full , and passed on first readioa on the 3rd day of October, 200S . 8 ' ... .. • • Published as a Bill for an Ordinance on the 7th day of October, 200S. Read by title and passed on final reading on the 11• day of October, 200S. Published by title as Ordinance No. __, Series of 200S, on the 21st day of October, 200S. A1TEST: Doug1u Garrett, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colondo, hereby catify that the above and foregoing is a ttue copy of the Ordinance puaed on final readin& and published by title as Ordinance No.__, Series of200S. l.oucrilhia A. Ellil 9 • t .. • • ORDINANCE NO. SERIES OF 2005 BY AUTHORITY COUNCIL BILL NO. 42 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING THE PURCHASE OF 2394 WEST WESLEY A VENUE BY THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council of the City of Englewood, Colorado authorized an intergovernmental agreement with Arapahoe Community College/ Arapahoe/Douglas Career and Technical School (ACTS) to build a single-family residence; and WHEREAS, the owners of 2394 West Wesley Avenue wish to sell the property to the City; and WHEREAS, the purchase of the residential property located at 2394 West Wesley A venue will be the future building site for ACTS; and WHEREAS, a variety of public objectives can be accomplished with the development of this property such as: I) Introducing home designs with a more attractive relationship with the street; 2) Developing desirable floor plans; 3) Increasing the inventory of affordable new housing for borne ownership; 4) "Raising the bar" with better quality housing, hopefully pushing the private development community towards higher standards in the neighborhood; and WHEREAS, by the passage of this proposed Ordinance the Englewood City Council will authorize the purchase of 2394· West Wesley Avenue and the Englewood Community Development Department will act in the roll of the developer providing construction funds from the Housing Rehabilitation Fund (Fund 46); and WHEREAS, a site contractor will be hired to coordinate the day-to-day building activities with ACTS ; and WHEREAS, developing the subject residential property will require subdividing the land; and WHER AS, the combined property could ultimately be developed with up to four dwellings; and WHEREAS, the house will be sold after completion and the proceeds will be returned to the Housing Rehabilitation Fund; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C ITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section J. The City Council of the City of En&)ewood, Colorado hereby authorizes the purchase of the 2394 West Wesley Avenue: for an amount not to exceed Two Hundred and Twenty Five Thousand Dollars ($225,000). -1- t .. ,• • • Section 2. The Mayor and the Cjty Clerk are hereby authorized to sign and attest a contract for the purchase of 2394 West Wesley Avenue on behalf of the City of Englewood, Colorado . Introduced, read in full , and passed on first readmg on the 3rd day of October, 200S . Published as a Bill for an Ordmance on the 5th day of October, 200S . Read by title and passed on final reading on the 171 b day of October, 2005 . Published by title as Ordmance No. _, Series of 2005, on the 21st day of October, 2005. Douglu Garrett, Mayor ATTEST : Loucrishla A. Ellis, City Clerk I, Loucrishla A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title u Ordinance No. __, Series of 200~. Loucriabia A. Ellia -2- t • • ORDINANCE NO. SERIES OF 2005 BY AUTHORITY (] COUNCIL BILL NO. 48 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE GRANTING THREE UTILITY EASEMENTS TO PUBLIC SERVICE COMPANY OF COLORADO (dba Xcel Energy) FOR INSTALLATION OF NEW GAS MAINS AT 2900 SOUTH PLATTE RIVER DRIVE (Littleton/Englewood Wastewater Treatment Plant). WHEREAS, Ordinance No. 14, Series of 1988 approved a franchise agreement with Public Service Company of Colorado (dba Xcel Energy); and WHEREAS, the Phase 2 Expansion Project at the Littleton/Englewood Wastewater Treatment Plant requires that new larger gas service lines be provided to the Littleton/Englewood Wastewater Treatment Plant; and WHEREAS, Public Service engineers determined the upgraded project is feasible and proposed three new gas mains at the UE Wastewater Treatment Plant; and WHEREAS, the new alignments will be used to extend gas mains to service new and existing buildings within the plant site; and WHEREAS, the passage of this Ordinance grants three utility casements to Public Service Company Colorado to accommodate the Phase 2 Expansion Project for installation of three new gas mains at the UE WWTP; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Public Service Company of Colorado Easements from the City of Englewood to the Public Service Company of Colorado, attached bcreto as Attachment I , Attachment 2 and Attachment 3, arc hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Public Service Company of Colorado Easements for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 3rd day of October, 2005. -1- ' • • Published as a Bill for an Ordinance on the 7th day of October, 2005. Read by title and passed OD final reading OD the 1 ~ day of October, 2005. Published by title as Ordinance No. _, Series of 2005, oD the 21st day of October, 2005. Douglaa Garrett, Mayor ATTEST: Loucrishia A . Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing ii a true copy of the Ordinance passed on final reading and publisb.ed by title as Ordinance No. _, Series of 2005. Louc:rilbia A. El1il -2- t • • C llMSION --DMllon --~M.a..la DOC. NO . .lll21111 IIUCIWTIONAUTHOII Owlolophs H. llcEhaln, PU13811111 --John~ Inc. f'I.ATICIIID 1G. J1JMl7 I __,.NO. SA I 28a317 9855W-8-fAIOO Anlado, CO 80003 PUBLIC SERVICE COMPANY OF COLORADO EASEMENT The LW1denigned an.-he<9by .....-.. --al goad --co.--. tam PlalC 11ER111Ce CC!MPN« OF COLORADO (Company), 122~17"' s-. 0.-, ~. l0202.e533, In co.-.... al-<lfara(1) 1wwby grwa 1nD uld Company, .. .__ .......... ~-... -.--.--........ _...,....uay _ -.. ---·-"'-"' ... __ "'--. ........ -.-.--.... ·----may be horNllar COMlruclad In LOT(1) ~ Bl.00<~ Sl&WISICIN ___. In h ...tEllL. ol 8-, ...a.., T-..p J_ Soulh, A-. _a_w ... ol h 1111111 l'llnclpll ...._ 1n h llilllllllll 111a o1 c..r.,. ... -o1 .. -11e1ng ---; See Exhibit A attached hereto and made a part hereof. The-II Ja:... 1N11n-. Thl-~-ol .. --............. ---~ID -·-•o1na1 __ .. __ llalpolnllCN1o.w.n111-1r_.., .. __ --............. --"' ...... ___ Togellw ....... llgl,IID-upon-..-_1o._.-.-........................ -.... --.-linM Md rellled ...._ ___ andlD,_..,.....~-. lncludlng .. -.ol_and ___ and ...,... ....... ID_IO_al ....... ..-al-ulng .......... -.-....... -.0t.....-o1_..-y ___ .._-___ ................... __ .,_ uay.........-0,,......__,.The __ .. ,... .. ___ .. __ .., __ _ .. rlglaandp,Maga-,,-anc1-•11111--o,--... of .. -~ ...... -... _ -__ .., .. --...... --..... ___ .... _..,_,.. __ _ ... _,,_OIID_.., __ ar ___ ln_al .. ...--... m•ol .. -. .... p,hllgl.--...---. n.a-o1-.----.---.... -----.. .-...... --.. -.--, .... ar1g1n11 __ _ Sq,edla ____ ...,., _______ ~,2W-. (Typearpml ___ ..,..... ... __ .. ,.....,..., .......... ~ GRAHTOA: By: STA TE OF COl OflAOO. -----' )IL COUNlYOF _________ l Thi ........ --.. a• , ______ ...,., __________ .,.._'9, io,.-nlllil(I) -.... -- .. l • t • • ( •• • UITUl'OMNGL&WOOD TIIUTMltNT PLANT GAS 11:ASDlll:NT NO. 2 150-203-107 oa-_, 0 SHEET IOF2 A 10.00 FOOT WIDI! OAS BASEMENT LOCATED IN THE NORTHEAST QUARTEll OF SECTION 33, TOWNSHIP 4 SOUlll, RANGE 61 WEST OF THB SIXTil PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY Of ARAPAHOE, STATE OF COLORADO, Bl!INO MORB PARTICULARLY DESCRIBED AS FOLLOWS : BASIS OF Bl!ARJNOS : BBARINOS ARE BASED ON THB ASSUMPTION TIIAT nm NORTH LINE OF SAID NORTHEAST QUARTER OF SEC'JlON 33 BEARS N 11'03'W WAND MONUMl!NTED AS FOLLOWS: -TIIE NORTHEAST CORNER OF WHICH BEING 3.25° ALUM. CAP LS 22571. -THE NORTIIWESTCORNl!llOFTHB NORTHBAST QUARTEllOF WlflCH BBINO A 2" BRASS CAP IN CONCRETE STAMPED CAC OF DENVEll COMMl:NCINC AT THE NORntWEST CORNER OF TIIE NOllTHEAST QUAllTl!ll OF SAID Sl!CTION 33; THENCE S 16°12'36" E, A DISTANCE OF 1611.00 FEET TO THB SOUTlll!ASTERL Y RJOIIT Of WAY LINE OF SOU11t PLATTE RIVER DIUVE AS DESCRIBED IN BOOton AT PAOB 47!1 OF l1fll ARAPAHOE COUNTY 1ll!CORDS AND THB POIHJ' or BltCINNING; 'OIENCE N 69"40'49" B, A DISTANCE Of 10.n FBBT; THENCE S 01"32'19"W, A DISTANCE OF 155.93 FEET; THENCE S 11'00'42° B, A DISTANCE OF 233.10 FEBT; TilENCE S 01'59'11" W, A DISTANCE OF 101.10 FEET; ntENCE N 11'00'42" W, A DISTANCE OF 10.00 FEBT; THENCE N 01'59'11" B, A DISTANCE Of 91 .10 PBBT: THENCE N 11'00'42" W, A l)ISTANCI! OF 233 .72 Fl!ET; ntENCE N 01'32'19" E,A DISTANCE OF 161.14 FEETTOTHB POINTOPBIGINNING . CONTAININO AN AIUtA Of 4U7 S.f.,0.1122 ACKl!S, MOllBOA LESS. NOTE: THIS DESC1l1P110N DOES NOTUPal!SENT A MONUMl!NTID>LANDSURVBY, TillS DP.SCRlmON IS INTENDED ONL V TO Dl!SCalllE THB ATTACHl!D l!XHIBIT. I, CIIRISTOrllER IL McELVAIN, A SURVEYOR LICENSED IN THE STATE Of CO i.DR ADO, 00 II EllEBY CERTIFY TIIAT Tll£ ABOVE DESCalPTION WAS PREPAllED BY ME OR UNDEll MY DW!CT SUPERVISION AND CHl!Cl(JN(J. Cl IRISTOPIIER IL Mc:ELVAIN PROFESS IONAL LAND SURVEYOR CO LORADO REOISTUTION NO. 345'1 FOR AND ON BEHALF OI' JEIIN ENOINEEaJNO, INC. 5155 WADSWOATII BYPASS IA -100 ARVADA, CO I0003 J UJfJIJfJ./17Wt~'7,-1 .. &lO'IOIIJf_lJ AJI ' .. .. • • POINT OF COMMENCEMENT NW COR NEl/4, SEC. 33 T4S, R68W, gTH PM fNO . 2 " BRASS CAP IN CONCRETE, STAMPED C&C Of DENVER EXHIBIT SHEET 2 Of 2 ~ (J BASIS Of BEARINGS NORTH LINE OF THE NE 1 / 4 SEC 33 Nsa·o3·15·w 2634:36 • · LOT 2 NE COR, SEC 33 T4S, R68W 6TH PM FND . 3 1'J4• ALUM . CM>, LS ~2571, 1993 PROPOSED PLAT'TE RIVER SUBDIVISION REC . NO . ------ JeHN JI .., ............... _ .. _ ..... -......... --- LOCAllON : 10.00' Naa·oo· 42"W LOCATED IN lME NORTHE:AST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE tlll WEST OF THE 8TH P.M. Nll£1c 41117 S.F. OIi 0.1122 ACIIES * ll'II.£: GAS ESMT. NO. 2 SCAl[; I" • 40' 08.29 .05 1545-203-107 JI07p2 ' .... .. • • • OMS10N Soulh Metro DMllon ROWAOENT E-M. - DESCRPT10NM1TH011 Chriolophe, H. McElvain, PI.SJ115111 AUTHOR ADOIOESS John Ervr-tng Inc. 5855W-8-tA100 -.COB0003 DOC .NO.~ PlATJGLlaDN0.2137-111 E -.ICIIOORNO. SR I 2111317 PUBLIC SERVICE COMPANY OF COLORADO EASEMENT The undenlgnod Granlor hereby ~ recelpl of good ond ,,_ ... --._ PUBI.IC SERVICE COIFANY OF COi.ORM)() (Company), 1225-17"' s-. 0.-, Colorado, 80202-11533, In -of which Oranlol(o) ~ granlo un1o said Coo,pany, Ila IUCC811orS ond 811ignt, I --._.,,. lo a>ntlrud, .,,,.,., -. rapalr, ond ,..,.... utilNy Nntt and II l•lun,a ond devlcel, UMd or uoeful In .. ope,-. of-Inn, llvough, ovw, undtr,--. ond ax,g,..,.... n -Nnn may be hefeafter conotrucled In LOT(t) ~ BLOCK~ SU80MSION ~ In lie .Jit11L_ of -..»._. T-.ohlp ...i_ South, Range _._weo1 o1 111 M Prindpol -In 111 &111111111 -of <:o1oru>. 111 -of lie -11e1ng deacribod .. -= See Exhibit A attached hereto and made a part hereof. The e-1 ii Jo:... feet In-· The-bounderyllnnof.,. __ be ~ond-n--v1o ...,.._.. • conlinuout alrip of noC lea than.,. --II II IX** on OIWllon .,._iy ..-""lie -- easemenl and oldendlng lo lhe bounclariel ol adjaootll -1itt, Togolher wilh lhe right lo enter upon 1181d premltN, lo -· conotrucl, -. _.., repllr, ....... -. ond -Mid Idly --and -bllftl and devlcet, -lo """°"" objlc:lt ~ ---Including .. lltmrnklg of ----· ond lo!lell* -lhe righ4 lo -10 much ol lht ""'**'9 ~ ol -during ~. -. -. rwpllr, ramcMII, or,..,.._,_ ol uld ulilly Inn ond _ ..._ond _ •-be ,......1o ....... lie __ al_ ulilily conolruciion or repllrmoc:hlnay. The G<anlor-lllrlghllo_ond_h_lar ___ _ lherig1111...,prM1egH-.,-onc1w111c1,wana1--or---ollle-~---or- '-eol. Such ....vllliant"" h Clranlor-ln no --Ill rlghl lo ..... or .... 1o be--..-.. or-upon lie -.,-OJ lo locllt ___ or ___ 1n ... o1 .. _..-••••oflle -.llrigl,l,p,Mogo,ond-~--- The-ol~-~-----be--... ; ........ tlonO .. __ bel-.l IUbtlanlialf lo .. orlglnll-""' -· Signed 1h11 ____ <Illy °'-------~,200&_. (T-Of prinl --·-algnllure ... --... .......-............... -~ GRANTOR : By- STATE Of COLORADO,------) )la. COUNTY Of _________ ) ThekwegolnglnllNmlnl _______ .. ___ a,ol _________ ~,200-bJ IGlanlOr namo(a) lrom -i, 'Nilneu my hand --- -- •• A t t a C h .. • n t 2 • t .. • • ( 0 ... • 1.rrn.ETON/ENGL£WOOD TREATMENT rLANT G,U EASEMENT NO. I 150-201-107 Ol-29-0l 0 0 . SIIEET I 01'2 A I 0.00 FOOT WIDE GAS EASEMENT LOCATED IN TIIE NORTIIEAST QUARTER OF SECTION 3J, TOWNS! nr 4 SOUTII, RANGE 61 WEST OF TIIE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARArAIIOE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIIIED AS FOLLOWS: IJASIS 01' HEARINGS: BEARINGS ARE BASED ON THE ASSUMrTION TIIAT TIIE NORTH LINE 01' SAIi) NORTI IEAST QUARTER OF SECTION 3J DEARS N ll"Ol' 15" W ANO MONUMENTED AS FOi.LOWS: ·HIE NOR1'11EAST CORNER OF WIIICII BEING ).25" ALUM . CAr 1.S 22571. -Tl IE NOIITI IWEST CORNER OF Tl IE NORTHEAST QUARTER OF WHICH BEING A 2" BRASS CAP IN CONCRETE STAMrEO C&C OF DENVER. COMMENCING AT TIIE NORTHWEST CORNER OF THE NORTIIEAST QUARTER OF SAID SECTION 33 ; TIIENCll S 24"02'24" E, A DISTANCE OF 1656.52 FEET TO TIIE EAST RIGIITOF WAY LINE OF SOIITll l'LATl'E RIVER DRIVE AS DESCRIBED IN DOOK 377 AT PAGE 479 OFTIIE ARAPAIIOE COUNTY RECORDS ANO Tl IE POINT 01' &[GINNING; TIIENCE N 19")1 '51" E, A DISTANCE OF 33 .17 FEET; Tl IEN CE S 71" I 1 '41" E, A DISTANCE OF 29.05 FEET; 1'11ENCE S 66")6'41" E, A DISTANCE OF 5.51 FEET; TIIENCE S 2)"2)'19" W, A DISTANCE OF 10.00 FEET; TIIENCE N 66")6'41" W, A DISTANCE OF 4.49 FEET; TIIENCE N 71"1 I '41" W, A DISTANCE OF 26.97 FEET; Tllf:NCE S 19")1 '5 1" W, A DISTANCE OF 12.10 FEET TO THE EAST RIOIITOF WAY LINE OF SAID l'I.A'ITE RIVER DRIVE; '1111:NCE N 00"24'12" W Al.ONG TIIE EAST RIGIITOF WAY LINEOF SAID PLATTE RIVER DRIVE, A OISl'ANCEOf 10 00 FEET TO THE POINT 01' BEGINN ING. CONl'A INING AN AREA OF 656 S.F., 0 .0151 ACRES, MORE OR LESS. NO i E: T IIIS DESC RIPTION DOES NOT REPRESENT A MONUMENTED LAND SURVEY, THIS DESC Rll'T ION IS INTENDED ONLY TO DESCRIBE TIIE A Tr ACHED EXHIBIT. I. l'I IRISTOl'I IER II. McELVAIN, A SURVEYOR LICENSED IN 111E STATE OF C'Ol.01\AIXl, 00 II ER EDY CER°rlFY TIIATTHE ABOVE DESCRll'TlON WAS r111 :1'1\I\EI) llY ME OR UNDER MY DIRECT SUPERVISION AND CIIECKING. c iiR IST<ll'II ER II McELVAIN 1'1\0l'FSSIONAL LANO SU RVEYOR COI.ORAOO REGISTRATION NO . )6561 FOR AND ON IJ EIIAI.F OF JE IIN ENGINEl:RING , INC . 5155 WADSWOR'lll BYPASS#A-100 ARVAllA, CO 1000) J \IJIJ\..'liJ 101\li \'IIIIJl1l\EAS£AIENT5\Jll1,.d .._. &Jt ':'OOJI IJ"AI ' .. • • EXHIBIT SHEET 2 Of 2 POINT OF COMMENCEMENT BASIS Of BEARINGS t NOR~6~DIN3f159fW THE NE 1,14, sec . 33 -_ _. 2634.36' t • NW COR NEl /4, SEC . 33 HS, R68W, 6TH PM FND . 2" BRASS CAP IN CONCRETE. STAMPED C&C OF DENVER CENTERLINE CJ' WT2 NE COR, SEC 33 T4S, R68W, 6TH Pt.A FNO . 3 1f4" ALUt.A. CAP, LS 22571, 1993 PROPOSED PLATTE RIVER SUBDIVISION REC . NO. ------------ EXISI. GAS LINE ---h'""lllnll'ff"T~~ N 00'24'12" W 10.00' JeHN JI LOC4110N. N 66"36'41" W 4.49' LOCATED IN THE NORTHEAST QUARTER Of SECTION JJ, TOWNSHIP 4 SOUTH, RANGE 68 WEST Of THE 6TH P.W. 411{4: 6~ 5-r. OIi O 0151 4CRCS :t mu: GAS ESMT. NO. I SC41.£ 1" • 30' 08 29 05 1545-203-107 J107gos1 t • • C IOQW-, E-M.a..a,, DUCIOl'rOI-a.toloplw H. McElvain, Pl.8381581 --· -~Inc. 1181!11W-r1h8-tA100 -.COI0003 DOC. N0, 11aai l'I.ATUIDtm.21JM17a MW.IOIClll!O ND. SR I 219317 PUBLIC SERVICE COMPANY OF COLORADO EASEMENT The undonlgned Grnor "-by ....,__ r9Cllpl al good and ..._ ... --. !ram PUBLIC SERVICE COllll'AH'f OF COLORADO (Company~ 1225-lr" SlrNI, o.n-, ~. 80202-5633, In ... -do,, al wNch Oranlm(a) "-by p,11 un1o said Company, Ila -and lllllgna, I norHI ........ -lo COlillrucl, _..., .....,.., Npllr, and ...... tay llnel and al-and drAc:ea. -.. .-.. ..... _..... a1--. lwllugh.-. -·-. andllang•-__ .._ may be hentafllr conalrucled In LOT(1) ~ BLOC!<~ SUIIDMSKlN ~ In 111 ~ al S-. JL, T-..hlp ..:L._ Soulh, ~ __ILWIII ol lhl lllllb Pl1nclpal ...,_ In Ill &1111111111 -al~. 111 -al 111 -b11ng --~ See Exhibit A attached hereto and mada a part hereof. The..-ii ..lit.. INI In-. Thi -boundlry-allll--be lenglliened and--•~ to encompan I conllnuouo llrtp al nol -._ Ill --ol al po1n11 on Ora1lln pn,pa,1y ..-by the --ea-and•ldenclngto.,.-al..._.. ~. Togelher wll, lho rtghl 1o-.._, 111c1 ~.to._, --.a,.-.--· Npllr,....,., -.and-said tay Hne1 and ralalod lbdure1 and -·· and ID .......... olljec:ta lnlalflmg -. ~ 111 lrlninllng al -and --. and togelher wll, ... rtghl Ill UN IO much al Ill ldl<*q ~ al 0.-dultng ........ --. --. Npllr, .-. "'..,,....._ al -utaty ... and -..... and ......... ....,. bl....-.. pe,mll 111 --al-utlllyconatruc:tlan "'<lpllr"'""'*'"'Y, Thi ___ ... rtghl .. _and........., .. _,.,.., __ _ 111er1g1,t1and.,,...__u,..-andwNchwana1-.. .... .,--..,a1 .. _~--"'- thenlol. Such-bylll--lnno--111,tghtto_o,_tolll-env...-..•- ._. ... _ .,_ .... -.., _ -----· In ... a1 .. -----~a1 .. -· al ,tght, p,Milge, and-----The-allnltallng and lllllralna,g aald ... and ...__ ... ___ ......... llang ... _ ........ _ ~IDbortglnlll_and_. Slgnedt.la ____ dayal _______ ~,2005-. (Typeo,p,tnt....,._Neholgnelinh .... --1--. ...-.,,ip.*-~ GRANTOR: By: STATE Of COLORADO, _____ ) )la. COUNTY Of ________ ) Thlkngolng--~------•al _________ __..,21111_1,r (Gtantor name(l) lram -t. -- " 3 t .. •: ... • • ( ( ·• • • LITTLETON/ENGLEWOOD TRIEA TMltNT PLANT GAS EASIMltNT NO. J 150-20)-!07 Ol-29-45 0 SHEET I OF2 A 10.00 FOOT WIDE GAS EASEMENT LOCATED IN me NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 4 SOU111, RANGE 61 WEST OF TIIE S!XTII PRINCIPAL MERIDIAN, CITY OP ENGLEWOOD, COUNTY OF ARAPAHOE, STATE Of COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BEARINGS ARE BASED ON TIIE ASSUMmON THAT THI! NORm LINE OF SAID NORTHEAST QUARTER OF SECTION 33 BEARS N 11°03'15" WANO MONUMENTED ASFOLL.OWS: -TIIE NORTIIEAST CORNER OF WHICH BEING 3.25" ALUM . CAP LS 22571. • TIIE NORTHWEST CORNER OF THI! NORmEAST QUARTER OP WHICH BEING A 2" BRASS CAP IN CONCRETE STAMPED C.tC OF DENVER. COMMENCING AT me NORTIIWEST CORNER OF mE NORTHEAST QUARTER Of SAID SECTION 33 ; THENCE S 53°37' 13" I!, A DISTANCE OF 2354.0I FEET TO TIii! EASTERLY LINE OF LOT 2, PROPOSED PLATTE RIVER SUBDIVISION RECORDED UNDER RECEPTION NO.------ OF TIIE ARAPAIIOE COUNTY RECORl3S ANO me POINT o, BEGINNING; THENCE S 01 "45'41" W ALONG TIIE EASTERLY LINE OF SAID LOT 2, A DISTANCE OF 10.00 FEET; THENCE N 17°49' 10" W, A DISTANCE OF 25 .62 FEET; TIIENCESOl"S1'06"W,A DISTANCEOF37.II FEET; TIIENCE N 11"08'S4" W, A DISTANCEOF223.36 FEET; THENCE N 01°30'57" I!, A DISTANCE OF 19.97 FEET; THENCE S 11"29'03" E, A DISTANCE OF 10.00 FEET; TIIENCE S 01°30'57" W, A DISTANCE OF 10.03 FEET; THENCE S 11°01'54" E, A DISTANCE OF203.42 FEET; TIIENCE N 01°51'06" E, A DISTANCE OF 37.17 FEET; TIIENCE S 17°49' IO" E, A DISTANCE OF 3S.61 FEET rome POINT o, BIWINNINC. CONTAINING AN AREA OF2961 S.F., 0.06IOACRES, MORl!OR LESS. NOTE: TIIIS DESCRIPTION DOES NOT REPRESENT A MONUMENTED LANO SURVEY, THIS DESCRIPTION IS INTENDED ONLY TO OBSCRIBE THE A TT ACHED EXHIBIT. I, CIIRISTOPIIER II . McELVAIN, A SURVEYOR LICENSED IN TIIE STATE OF COLORADO, DO II EREBY CERTIFY TIIATTIIEABOVE OESCRlmON WAS PR EPARED DY ME OR UNDER MY DIRECT SUPERVISION AND CIIECKINO. CH RIS TOPH ER H. McELVAIN PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION NO. 36561 FOR ANO ON BEIIALF OF JEIIN ENOINEERINO, INC. 58SS WADSWORTII BYPASS #A-100 ARVADA, CO I0003 J \lllJ\JOJ./071EXIIII/TNASEM&NrnJ/01,aJ.• &/JfYlOOJ II JAM ' ... • • . - POINT Of COMMENCEMENT NW COR NE !/4, SEC . 33 T4S, R68W, 6TH PM FND . 2" BRASS CAP IN CONCRETE, STAMPED C&C Of DENVER LOT 2 0. EXHIBIT SHEET 2 Of 2 BASIS Of BEARINGS NORTH LINE Of THE NE 1 / 4 SEC 33 N88"03'15"W 2634.36' . NE COR, SEC 33 T4S, R68W, 6TH PM fNO. 3 1/4" ALUM . CN', LS 22571, 1993 PROPOSED PLATTE RIVER SUBDIVISION REC . NO . -------- 10.00' S88"29'03"E 10.03' S01"30'57"W JiHN JI -..... " .... ,... _ .. _ ............... --- LOCATION , , • 00 g.• ,I{) Ost , .-:- • 0 ~ N.- "?m U) ll'lst "' N f--"' IX) Cl z a. g ..... ... ~ (D ,1,\1M\IU-10~J10~ LOCATED IN THE NORTHfAST QUARTER or SECTION JJ, TOWNSHIP 4 SOUTH, RANGE 68 WEST or THE 11TH P.M. MU: 2NI Sf OR O.OIIO ACACS * lln.E: GAS ESMT . NO . J SC A!.( 1" •40' 08 29 05 1545 -203 -107 3107 J t ... . -· • • ( ORDINANCE NO. SERIES OF 2005 BY AUTHORITY COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING TITLE 5, CHAPTER 14, SECTION 3, ARBORIST OF THE ENGLEWOOD MUNICIPAL CODE 2000. WHEREAS, this ordinance makes housekeeping additions and deletions for consistency; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I . The City Council of the City of Englewood, Colorado hereby amends Title 5, Chapter 14, Section 3, and Subsection B, of the Englewood Municipal Code 2000, to read as follows: 5-14: ARBORIST. 5-14-3: Application for License. B. No license shall be issued without the written approval of the Licensing Officer who shall first be satisfied of the competency of the applicant to engage in such business. .Af his er her disere1ie11, the City Licensing Officer awy aeeept requires cum;nt Arboricu!tural. spraying and trimming licenses from other jurisdictions as prima facie evidence that the applicant has satisfactorily completed Englewood licensing requirements. Section 2. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3. Severabi)ity. If any clause. sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its appl icat ion to other persons or circumstances. Section 4 . Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. -1- .. .. Section 5. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred Wider such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well u for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions . Section 6. ~ The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on tint reading on the 3rd day of October, 200S . Published as a Bill for an Ordinance OD the 7th day of October, 200S. Read by title and passed on final reading OD the 1 ~ day of October, 200S. Published by title as Ordinance No .__, Series of200S, on the 21st day of October, 200S. Douglu Garrett, Mayor ATTEST : Loucrisbia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Eqlewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. __, Series of 200S. Loucriahia A . Ellis -2- • t .. -- ( ( ·• • • ORDINANCE NO. SERIES OF 2005 BY AUTHORITY COUNCIL BILL NO . 50 INTRODUCED BY COUNCIL MEMBER WOLOSYN AN ORDINANCE AMENDING TITLE 4, CHAPTER 4, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING SALES AND USE TAX. WHEREAS, this ordinance makes housekeeping additions and deletions for consistency; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I . The City Council of the City of Englewood, Colorado hereby amends Title 4, Chapter 4, Section 4, Subsection 3(A)(5), of the Englewood Municipal Code 2000, to read as follows : 4-4-1 : SALES AND USE TAX. 4-4-4-3 : Exemptions to Sales Tax. A. Exempt Items : The sale of the following classes of tangible personal property are exempt from the tax imposed by Section 4-4-4-2: 5. Sales of food products which are to be consumed off the premises of the vendor. As used herein "food" means food which is advertised or marketed for ffltffllHt ~ consumption and sold in the same fonn, condition, quantities and packaging as is commonly sold by grocers. The tenn includes cereals and cereal products; milk and milk products; meat and meat products; fish and fish products; eggs and egg products; vegetables and vegetable products; fruit and fruit products; sugar, sugar products and sugar substitutes; coffees and coffee substitutes; teas, cocoa and cocoa products; spices, condiments, salt and oleomargarine. The tenn "food" docs not include chewing gum ; spirituous malt or vinous liquors ; cocktail mixes; proprietary medicines; nostrums; lozenges ; tonics; vitamins and other dietary supplements; water, mineral water and carbonated water marketed in containers ; ice; pet foods ; food or drink purchased and used by a business or comm ercial en tity by serving 10 customers or employees <not resold}· food or drink furnished, prepared or served for consumption at tables, chairs or counters or from trays; glasses, dishes or other tableware provided by the retailer; prepared food or drink sold by retailers who regularly sell for consumption on or near the premises of the retailer even though such food or drink is sold on a "tak.e out" or "to go" order and is bagged, packaged or wrapped and taken from the premises of the retailer; md food or drink vended by or through machines on behalf of a vendor. -1- ' • • •• • -[\ ~ Section 2. The City Council of the City of Englewood, Colorado hereby amends Title 4 , Chapter 4 , Section 4, Subsection 4(A), of the Englewood .Municipal Code 2000, to read as follows : 4-4-4-4 : License for Retailer Required . A . It shall be unlawful for any person to engage in the business of making retail sales, as the same is defmed herein, without first having obtained a license therefor, which license shall be granted and issued by the City License Officer, and shall be in force and effect until suspended or revoked. A separate license js rcoujrcd for each physical location within the city limits of the City of Englewood. Section 3. The City Council of the City of Englewood, Colorado hereby amends Title 4 , Chapter 4 , Section 4 , Subsection 7(A), of the Englewood .Municipal Code 2000, to read as follows : 4-4-4-7 : Sales Tax Returns . A . Every person required to obtain a sales tax license pursuant to the provisions of Section 4-4-4-4, shall file a sales tax return, with payment of tax owed, if any, upon th e standard Municipal sales and use tax reporting form as adopted by the Executive Director of the Colorado Department of Revenue, not later than the twentieth day of each month for the preceding calendar month; provided, however, that if the accounting methods regularly employed by the licensed retailer in the transaction of his/her business, or other conditions, are such that reports of sales made on a calendar monthly basis will impose unnecessary hardship, the Director may, upon request of said retailer, accept reports at such intervals as will, in his/her opinion, better suit the convenience of the taxpayer, and will not jeopardize the collection of the ·tax= ;-tllMI; previllell Rlfll!er, that a releiler llei11g l111ei11e11e i11 Me El) er mere pleees er leeeliene 111ay file e11e refllfft ee ,eri11g all 1111eh h11Silless aeti\·ilies ill Ille Ci~. Section 4. The City Council of the City of Englewood, Colorado hereby amends Title 4 , Chapter 4, Section 7, of the Englewood Municipal Code 2000, by the addition of a new paragraph 4, to read as follows : 4 -4 -7: T ax Information Confidential. A . Except in accordance wi th j udici al order, or as otherwise herein provided, the City hall not divulge any information gained fro m any return filed or as a result of any investigation o r heari ng held pursuant to the provisions of this C hapter. B . Nothing contained in th is Section shall be construed to prohibit: I . The d el ivery to a person, or to hi s duly authorized representative, of a copy o f any return filed in connection with bis tax; 2 . The publication of statistics so class ified as to prevent the identification of partic ul ar reports or returns and the items thereof; 3. The inspection by the City Attorney, or any other legal representative of the City, of the return or other informatio n relating to any taxpayer who -2- ' ... .. • • - C 0 . may become involved in litigation with the City in which the said information may become material. ~ The Director is authorized to execute a memorandum of understanding with the State of Colorado Department of Revenue, department of revenue of any other state, the Commissioner of the Intcmal Revenue Service of the United States or a delegate. the county uscssor or county treasurer of any county. or the moper official of any county. city, or town for any exchange of infonnation classified under this section as confidential, provided that the governmental entity with whom the information has becn exchanged agrees to abide by the movisions of this City Tax Code pertaining to confidential information. Section 5. The City Council of the City of Englewood, Colorado hereby amends Title 4, Chapter 4, Section 9, Subsection B of the Englewood Municipal Code 2000, to read as follows: 4-4-9: Sale of Stock or Quitting Business. A. Any retailer who shall sell out his business or stock of goods or who shall quit business, shall be required to prepare and ftle a sales tax and use tax return as provided in this Chapter within fifteen (IS) days subsequent to the date of the completion of said sale, or the quitting of business and the purchaser thereof, if any, shall be required to withhold sufficient of the purchase money to cover the amount of said tax due and unpaid, until such time as the said retailer shall produce a receipt &om the City showing that all such taxes have been paid and that no further tu.es are due. 8 . lf the purchaser of a business or stock of goods shall fail to withhold the purchase money as above provided, and the tax shall be due and unpaid after the fifteen (IS) day period allowed, such purchaser shall be penooally liable for the payment of the taxes unpaid by the former owner and the liens created by Section 4- 4-14 shall immediately attach to the personal property. real property and inventory so purchased; provided, however, that the retailer so selling or quitting business shall not be relieved in any manner of bis liability for payment of any of said taxes due . Section 6. The City Council of the City of Englewood, Colorado hereby amends Title 4, Chapter 4, Section 14, of the Englewood Municipal Code 2000, to read as follows : 4-4-14 : Unpaid Tax a Prior Lien. A. The taxes imposed by Section 4-4-S-1 shall constitute a first and prior lien upon any tangible personal property. real property and inventory OWQOd or used which is the subject of any transaction upon which said tax is due, until the 11m I ii peffl:. said taxes arc paid in full. B. The taxes imposed by Section 4-4-4-2 shall be a first and prior lien upon the goods1 eM business fixturcsf inventory and real property owned or used by any retailer required by the provisions of Section 4-4-4-7 to submit a return and make -3- ' ..... .. • • ·• • payment of the taxes collected, e1teepl tl!e steek ef geeds helll fer aele ill tl!e erdiftary ee11PSe ef lntsiness, until said taxes are paid in full. C . The liens created by subsections A and 8 above shall be construed to be liens and encumbrances upon the specific items of personal property, goods busjncss fixtures. real property and inventory therein enumerated, and shall take precedence over all other liens, encumbrances or claims of whatsoever nature and shall immediately attach to such items without the necessity of the filing of any notice of lien thereof. Sectjon 7. _ The City Council of the City of Englewood, Colorado hereby amends Title 4, Chapter 4, Section IS, of the Englewood Municipal Code 2000, to read as follows : 4-4-IS: Enforcement of Taxes and Foreclosure of Liens. A . If any taxes, penalty or interest imposed by this Chapter and shown due by returns filed by the taxpayer, or as shown by assessment duly made as provided herein, are not paid within fifteen (IS) days after the same are due, the City shall issue a warrant under its official seal directed to any duly authorized revenue collector, or to the sheriff of any county in this State commanding him to levy upon, seize and sell sufficient personal property, rcaJ propeny and jnventory of the tax debtor which is subject to the liens created by Section 4-4-14 found within bis county for the payment of the amount due, together with interest, penalties and costs. 8. Simultaneously with the issuance of said warrant, the City shall issue a notice of tax lien, setting forth the name of the taxpayer, the amount of the tax. penalties. interest and costs, the date of the accrual thereof, and that the City claima a first and prior lien therefor on the tangible personal property, rcaI property and inventory of the taxpayer subject to said liens. C . Such notice shall be on forms prepared by the City, shall be verified and shall be filed in the office of the clerk and recorder of any county in this State in which the taxpayer owns tangible personal property, real property and inventory subject to said liens . D. Upon the filing of said notice of lien, the effective date of said lien shall relate back to the date of the first taxable transaction for which any tax is due. Section 8. Safety Clauses . The City Council hereby finds, determines, lll'd declares that this Ordinance is promulgated under th e-general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained . Section 9 . ScverabjJjty . If any clause, sentence, parapapb, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judpient shall not affect, impair or invalidate the remainder of this Ordinance or its application to oth er persons or circumstances. -4- ' ... ,, I • • • C Section 10. Inconsjstent OrdjPIQGCI. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 11. Effect of l'CJ)al or modjficatjon. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 12 . .hPlllx. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, amended and passed on tint reading on the 3rd day of October, 200S. Published as amended as a Bill for an Ordinance on the 7th day of October, 200S. Read by title and passed on fmal reading on the 17'~ day ofOcto~. 200S. Published by title as Ordinance No.__. Series of 200S, on the 21st day of October, 200S . Douglas Gurctt, Mayor ATTEST: Loucrishia A . Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby ce rtify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. __. Series of 200S. Loucrishia A . Ellia -5- • t .. • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: October 17, 2005 11 a i Bill For An Ordinance Making Changes To Title 5, Massage Therapy Initiated By: Staff Source: Department of Finance and Administrative Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has discussed this topic in conjunction with the licensing of Reflexologists at the September 19 and October 3, 2005 Study Sessions and agreed to move forward with changes included in the attached Bill for an Ordinance. RECOMMENDED ACTION Staff recommends Council adopt the attached Bill for an Ordinance making a variety of additions and deletions to Title 5, Chapter 5 of the Englewood Municipal Code. Included in the changes is the requirement for massage therapists to obtain Professional Liability Insurance, and clarifying that licensing is only required for those providing massage therapy for a fee or remuneration . Also, the Bill for an Ordinance exempts reflexologists from licensing as they will be licensed under a new Chapter. FINANCIAL IMPACT None LIST OF ATIACHMENTS Bill for an Ordinance ( ( C ORDINANCE NO. SERIES OF 2005 mJNal. BILL NO. S3 INTRODUCED BY COUNCIL MEMBER~~~~~ A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 5, SECTIONS 2 AND 3, OF 1llE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO MASSAGE nmRAPY EXEMPTING REFLEXOLOGISTS AND CLARIFYING INSURANCE REQUIREMENTS. WHEREAS, It has been determined that because the practice of Reflexology is limited to the hands, feet and ears, it should be licensed separately from the massage therapy; and WHEREAS, The insurance requirements for massage thenpists are amended to require professional liability rather than general liability insurance for the duration of the license; NOW, TIIEREFORE, BE IT ORDAINED BY 1llE CITY COUNCIL OF 1llE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. The City Council of the City of Englewood, Colorado hereby amends Title 5, Chapter 5, Section 2, of the Englewood Municipal Code 2000, by the addition of a new Subsection G, pertaining to Reflexology, to read as follows: Chapter 5 MASSAGE TIIERAPY 5-5-2 : License Required. It shall be unlawful for any person to offer or perform a massage for any fee or remllDCl'Btioo of any kind and it shall be unlawful to operate a massage therapy clinic in the City of Englewood without first obtaining a license for such activity except for the following classes of penoos: A. Physicians, osteopaths, physical therapists, chiropodists, podialrists, or chiropracton licensed in this State, their offices and clinics, and all persons working in their offices and clinics under their supervision and direction. B . Hospitals and all persons employed by institutions and establishments licensed by the State as hospitals while performing their usual duties within the hospital or institution so licensed. C. Registered nurses and licensed practical nurses perf orrning massage services in the course of their usual nursing duties . D. Cosmetologists and barbers duly licensed under the laws of this State, acting in the course of their usual duties as cosmetologists and barbers . E. Trainers of any recognized ~eur, semi-professional, or professional Blhletc or athletic team . F. Acupuncturists licensed by the State of Colorado performing masaqe therapy servicca in the course of their usual duties as acupuncturists . . • ·"· I .•' ' • • ·• • • 0 0 ~ Reflexolosists or Reflexology Practjtiouers licensed to pqfonp reflexology under this Code when limiting their oractice to ceQexoloKY u defiuM in this Title Section 2. The City Council of the City of Englewood, Colorado hereby amends Title 5, Chapter 5, Section 3, Subsection B, of the Englewood Municipal Code 2000, clarifying Reflexology insurance requirements , to read as follows: 5-5-3 : Application for License. A. The application for a Massage Therapist License or Massage Therapy Clinic shall be made in accordance with the provisions of Title 5, Chapter I. B. In addition the applicant shall be required to provide the following: I . Insurance Required: License holders are required to maintain the following levels of insurance : i. GempreheMive Ceeeml Prpofgf Prpfessiopal Liability insurance to EPRARC jg the practice of massage therapy with a minimum combined single limit of liability for bodily injury and property damage of one million dollan ($1,000,000.00) per occurrence and in the aggregate. ii . Failure to maintain such insurance for the duratjop of the ljcegpe or to show such evidence on request shall be cause for immediate revocation of the license. Section 3. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 4 . Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any ~rson or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or c.ircumstances. Se ction S. Inconsi stent Ordinances . All other Ordinances or portions thereof inconsistent or co nfli cting with this Ordinance or any portion hereof are hereby repealed to the extent of such in co nsi stency or conflict. Section 6 . Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish. alter, modify, or change in whole or in part any penalty , forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remain ing in force for the purposes of sustaining any and all proper actions, suits, procttdings , an d prosecutions for the enforcement of the penalty, forfeiture , or liability, u well u for the purpo se of sustaining any judgment, decree , or order which can or may be rendered, entered, or made in uch ac tions , suits , proceedings, or prosecutions. 2 ,. t .. • • ( ( C Section 7. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 17th day of October, 2005 . Published as a Bill for an Ordinance on the 21st day of October, 2005 . AITEST: Douglas Garrett, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 17th day of October, 2005. Loucrishia A. Ellis 3 ..... .. • ' • (' COUNCIL COMMUNICATION Date: Agenda Item: Subject October 17, 2005 11 a ii Bill For An Ordinance Adding a Reflexology License in Title 5 of the City of Englewood Municipal Code Initiated By: Staff Source: Department of Finance and Administrative Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council discussed this topic on numerous occasions, including the September 19 and October 3, 2005 study sessions. Council requested staff draft the attached Bill for Ordinance after receiving input from reflexologists . RECOMMENDED ACTION Staff re commends Council adopt the attached Bill for an Ordinance creating a new Chapter 8, Reflexology, to Title 5 to the City of Englewood Municipal Code. The proposed Chapter 8 includes definitions, exemptions, insurance and educational requirements, as well as other license-related restrictions and requirements . FINANCIAL IMPACT An immateri al amount of fees should be collected annually . LIST OF ATTACHMENTS Bill for an Ordinance • t • • ( ORDINANCE NO. SERIES OF 2005 ·• • • BY AUTHORITY Q)UNClL BILL NO. S2 INTRODUCED BY COUNCIL MEMBER ------- A BILL FOR ff ii; AN ORDINANCE AMENDING TITLE 5, OF THE ENGLEWOOD MUNICIPAL CODE 2000 WITH TilE ADDmON OF A NEW CHAPTER a, PERTAINING TO REFLEXOLOOY Whereas, the regulation of Reflexologists is necessary for the purpose of protecting the public health and safety; and Whereas the current Massage Therapy license does not address the special circumstances applicable to practitioners who limit themselves to Reflexology on the feet, hands and ears; and Whereas a separate license will address Reflexology as a separate type oflicenscd activity; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 11iE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I . The City Council of the City of Englewood, Colorado hereby amends Title 5, of the Englewood Municipal Code 2000, by the addition of a new Chapter 8, pertaining to Reflexology, to read as follows : Chapter 8 REFLEXOLOOY ~ Definitions For the purpose of this ChAPJer the followios detinitiPPI APPlx· Li,ensee ·s Premises · The premises specified in an apprpyesJ IPPlication for a licepse YP4Fr this Chaoter which is owned or in the possession of the licensee and withip which such liceosee is aut horize d to carrv on the Practice of n;Qexology or receive reauw for the supplying of re fl exo Jogy . Qff Premises Reflexology· reflexology verfonned outside the licensee's nmmiw ' .. • • -ccnse Rcauired 5-8-2 · Li 11 shan be unlawful r, ".or anx pqso anymd io the Cjty o(E n to offer or perform foUo~jpg classes orocr,!gJcwood wjthout fiat qbtajo::cx?Jogy for IPY fee or rcmyncratj ""11 Iii< '®OC 9llllcir = ':"" "'""'iol.11111111 = "":"'--=~ u 1cs· tp J htpd§ feet and F • Ph ·· FIISPli ~ YS1Cl8l1S gsts;g tbs . Pih ph ·ca1 hccpscd io thjs state ~ . xu thcrapjsgs chjrppodjsts . . serv· . I Cl[ officg and r . podjagjsts . ,ces IP thcjr officg and . . GIPIG1 and all PPL . ?'" chjrppractors chpg HOOS th · 05 proyuijpg Q . JK supcryjsjop . . IFi cxoJogy HosQ1tals and all PFfS9 and djrg;tiop as h . QI cmploved h . . : Jl§P1ta11 whiJc nerr. -~ Y msggutiops apd . llccp,scd.ogpmg the" usual duti . . cstabh§hrnmts JiccpK4 h cs wi\hw the hosp)aJ . . J the State 1 gr IPstitutiPP sq IP the cgyrsc; f th · C R a Registered PYPCS and 1 · ua1 ascP¥4 · us pursjng 4 · pracpca1 purses nerr. · uucsormme services · osmetologists apd J>vbm of thcjr ysua1 d . duJy liccpK4 under uucs as cosmetologists ppd the Jaws o(thjs State pctipg . I · Jwbm 11111•...,. rameo ofanx ceco ·a 8DJ7 am.a~ • tam. ~ scpn-professjogaJ gr gxpfepjgpal e&bl * w athlstic Acupugcturisgs liSCPlcd a u,.s.,ual-.1114111uu.u11· F5ilJ1SU.1GYP:IIII-IGtJb111vci·1th;c State of Colopdo ned) . -pcupupctup@ -Offl'IQK servi . cg m aL--UIC E9WJG Qf th • MWI · _JI! --2~ thcqp•& I jg;pscd · performme such · . -to perform rnewv thqpy KD1GR m the counc . 1R¥kl this _ofthcjruNIIJdutip _Code wtp 5-8-3 · Ao r · ,JI ICAllOP for biGCPS The aoolication for I R . or IiiJe s Chapter J. cQexoJQ1QSJ Ljccpse §hall be JJWls io pccomapce In addition the ap r D ICIPJ §hall be rpq · . uirgl tp prpyuk the fqllowirug · With the pro · · Ylll9PI L /~ranee Rmimt· biccP¥ of IQSWIPGF " holdcp VS regujrgl . . tp P'IIOJftP tbs fi liq · 9 WJPM lexcls L ~f °C Professjopal I iMiliJx . Quology wjth · · YlMY!PFS JO mu · · · I D'PPWl!Wl fi9'Pbimd . 1$ m ghp gzqjg; r WIYCY pd prppc;rty da •m•Js ljmjg off . . 0 occ JPII$ o{PPF rn ·ir ifbil!5Y rw Wix ugqs IP4 jp ghp MSRPJS I HI! sloUIP (SI 000 000 om PR 2 .. ' .. .. • • - ( ·• • Failure to maintain such insurance for the duration of the license or to show such evidepce on reauest shall be cause for immetiaJe n;xgcatiou of the license ~ Education· l. The IPPlicant must WPYide comRlete disclosure of hil or hq glucatiop md exoerieoce as a rc;Qexolo@ist. Jo gbtajp a RefJexoJogjst Ljcepse Jhe appJi£A,nt must have· Q ~\I ChanU;t a Rc;Qc;xology Scbgol max iDclY4F M RPuiYalR5Y prpgram approved bv the sws f4uetiqpal Boagl or diviNm cbvBM with the tesPPNihilitv ofapproyipg private ore191figpa1 schopls ii. In the altqnative the APPiicant must P9§KH a curregt, valid CWfiGAhi frQm the American Reflexology C®fication Board, Q. CrimiMI Background· l. The applicant shaJI be R9yirql tp Nthmit to I poliq 1>¥kRDWP4 ipygtisetior N Part of the appJication prpceg , 5-8;4· Svecial Conditions and Rqtricti9PI of the J,iGCPs In addition to the reouircments iD Chavter 1 of this Title the followius wWitiopal licCPKC reauicements shall applx· No aoolicapt with a feloov res;ord or who hu lm> convictgl of a cbvBe n;gardipg mopl tumitudc shall be allowed to obtaip a ReQexoJogist Licmse Evcrv Rcflcxolosv Clinic licensee shaJl dimlax a valid licFPK in a oogspicuou Place · within the reflexo logy clinic so it max he rgdiJx seeo bx pcgops qrterips the PEFJPilSi Every licensed Reflexolosist shall cany a Citv Beflexolosist i4mtification cag1 whea couductiu s business outside of the rsDexolou Clinic SaniWY RFAwmcots · It W:11 J>s uplawfµl for MY reQexoloBY clipic or SP!Ploxes J9 fail to maintain the clinic or prqnisg in a clcan and sapitary magpq A ReDsxoloKist mav not pqfonn mnsesc outside the SCPPS of ttOsxolPKY M deM 1l£t;iP. 3 ' ·-.. • • A Reflexolosist mav not diagpw wcscrihe or treot fw sr,ecific dis,,n, or adiust mestications 5 .. g-5· More SWnsent Citv Standaqls Pr;vail. The orovisions of this Chanter shall supersede IPY conflictins statutory pmyisjops in the Colorado Revised Statutes Section 2. Transitional Period. Any person who can show proof that they were doing business as a Reflexologist in the City~f ewood on or before September I, 200S and who can show evidence of completion of · flexology program but who does not meet the specific educational requirements set · -8-3(C) EMC above, shall be granted a one (I) year license to allow them to practice Reflexology if they meet all of the other conditions for the license. After this one (I) year grace period they must then meet all educational requirements for re-licensing. Section 3. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or cin:lllllltllDCa. Section S. lnconsistcpt Ordinances . All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 6. Effect of repeal or modjfjcation. The repeal or modification ohny provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify , or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remai ning in force for the purposes of susl:lining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustai ning any judgment, decree, or order which can or may be rendered, entered, or made in such actions , suits, proceedings, or prosecutions. Section 7. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every vio lation of thi s Ordinance . Introduced , read in full, and passed on first reading on the 17th day of October, 200S . 4 ' .. .. • • Published as a Bill for an Ordinance on the 21st day of October, 200S. Douglas Garrett, Mayor ATTEST: Loucrishia A . Ellis, City Clerk I. Loucrilhia A. Ellis, City Clerk of the City of Englewood, Colorado, berd,y certify that the above and foregoing is a lrUe copy of a Bill for an Ordinaace, introducc,d, r-1 in full, and puscd on first reading on the 1'76 day of October, 2005. Loucrilbia A. Ellis s ' ( • ( OllDINANCE NO. SERIES OF 2005 BY AUTHORITY COUNCIL BILL NO. 43 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSBSSBD VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, it is the duty of the City Council of the City of Englewood, Colorado, under the Englewood Home Ruic Charter and Colorado Revised Statutes, to make the annual property levy for City purposes; and WHEREAS, the City Council bas duly considered the estimated valuation of all the taxable property within the City and the n~ of the City and of each of said levies and bas determined that the levies as hereinafter set forth, are proper and wise; and WHEREAS, the following levies arc permitted under Article X, Section 20 of the Colorado Constitution without a vote by the citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That there be and hereby is levied for the year of 2005, due and payable as required by statute in the year 2006, a tax of 5.880 mills OD the dollar for the General Fund of the City of Englewood, Colorado, and 2.220 mills on the dollar for the General. Obligation Bond Debt Service Fund of the City of Ena)cwoocl, Colorado. That the levy hcrcinabovc set forth sbalJ be levied upon each dollar of the uacsscd valuation of all taxable property within the corporate limits of the City of Enpcwood, Colorado, and the said levy shall be certified by law. Introduced, read in full, and passed on first reading OD the 3rd day of October, 2005 . Published as a Bill for an Ordinance on the 7th day of October, 2005. Read by title and passed on final reading on the 17'' day of October, 200S. Published by title as Ordinance No._, Series of 2005, on the 21st day of October, 2005. Douglas Garrett, Mayor ATTEST : Loucrishia A. Ellis, City Clerk -1- ' . .. ... • • I, Loucrisbia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. __, Series of 2005 . Loucrishia A. Ellis -2- ( ( ORDINANCE NO. SERIES OF 2005 BY AUTHORITY COUNCIL BILL NO. 44 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAll 2006. WHEREAS, pursuant to the provisions of Part I, Article X, of the Charter of the City of Englewood, Colorado, a budget for the fiscal year 2006 was duly submitted by the City Manager to the City Council on September 15, 2005; and WHEREAS, a public bearing on said budget was held by the City Council within three weeks after its submission at the meeting of the City Council on September 19, 2005. Regular notice of the time and place of said bearing was published within seven days after submission of the budget in the manner provided in the Charter for the publication of an ordinance; and WHEREAS, the City Council of the City of Englewood bas studied and discussed the budget on numerous occasions; and WHEREAS, it is the intent of the City Council to adopt the 2006 budget as now submitted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCill. OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section l. That the budget of the City of Englewood, Colorado, for the fi-1 year 2006, as submitted by the City Manager and duly considered by the City Council after public bearing, be and hereby is adopted u the budget for the City of Englewood for the fiscal year 2006. Section 2. GENERAL FUND Total Fund Balance, January l, 2006 Sales/Use Tax Property and Specific Ownership Tax Franchise/Occupation/Cigarette Tax License/Permits Intergovernmental Revenue Charges for Services Cultural & Recreation Fines & Forfeitures Miscellaneous Total Revenues Other Financin1 Sources Total Sources of Funds -1- 2QQ6BUDGET s 6,575,194 Reycnues 21,236,125 2,910,912 2,586,038 700,000 1,304,810 2,884,000 2,147,353 1,250,000 lll,gjlg s 35,202,238 IIIY~ s 36,286,294 ' , . • • I ) Exnenditures Legislation 321 ,530 City Attorney's Office 717,416 Municipal Court 867,863 City Manager's Office 667,379 Human Resources 547,679 Finance and Administrative Services 1,644,324 ' Information Technology 1,221,227 Public Works 4,938,584 Safety Services 15,536,057 Community Development 1,682,883 Libruy Services 1,222,642 ~ Parks and Recreation Services 5,382,099 Contingencies 129,500 Debt Service l .2S2.12S2 Total Uses of Funds s 36,136,240 Total Fund Balance, December 31 , 2006 s 6,725 ,248 S~li!!D J, DEBT SERVICE FUNDS Qai:ml Qbl iptiQD B!!Dd fund Fund Balance, January 1, 2006 s 113,372 Revenues s 955,000 Expenditures s 1,064,018 ( . Fund Balance, December 31, 2006 s 4,354 fmu&..District #JS Fund Balance , January 1, 2006 s < 28,982 > Revenues s 32,133 Ex penditures s 3,151 Fund Balance, December 31, 2006 s -0 - fniDK Uistticl t!J!! ,; Fund Balance, January l, 2006 s 2,777 Revenues s 53,607 Expenditures s 56,22 1 Fund Balance, December 3 1, 2006 s 163 • • C2aca:11: R~l1ci:mi:a1 Oistrict im Fund Balance January 1, 2006 s < 3,339> Revenues s 4,689 () -2- ( Expenditures $ 1,350 Fund Balance December 31, 2006 $ -0- Section 4. SPECIAL REVENUE FUNDS Conservation Trust Fund Fund Balance. January l, 2006 $ 30,032 . t Revenues $ 30S,SOO Expenditures $ 223,SOO Fund Balance, December 31, 2006 $ 112,032 Commercial Rs:XolYiP& Loan Fund Fund Balance, January 1, 2006 $ 203,362 Revenues s 2,000 Expenditures s 30,SOO Fund Balance, December 31, 2006 s 174,862 Community Ps:vs:IOJ)DIClll Fund Fund Balance, January l, 2006 s -0- Revenues s 450,000 Expenditures $ 450,000 Fund Balance, December 31, 2006 s -0- Donors Fund Fund Balance, January 1, 2006 s 331,326 Revenues $ 137,750 Expenditures $ 143 ,170 Fund Balance, December 31 , 2006 $ 325,906 Mal)s:y Cs:nts:r Trust Fund Fund Balance, January l, 2006 s 210,478 Revenues s 4,000 • • Expenditures $ 200,000 ( Fund Balance, December 31, 2006 s 14,478 -3- Pm:ka 111111 Re!.a:Al i'2P Iaul fl.md Fund Balance , January l , 2006 $ 406,571 Revenu es $ 2,000 Expenditures $ 10,777 Fund Balance, December 31 , 2006 $ 397,794 . ' SllC!.iAl Ass1m1111ml suml111 & l&ticicncx EllDd Fund Balance, January 1, 2006 $ 32,362 -~ ~ Revenues $ 1,000 . Expenditures and Transfers $ 22,000 Fund Balance , December 31, 2006 $ 11 ,362 QP'n SPJ1CC Eun<I Fund Balance , January 1, 2006 $ 154,369 Revenues $ 502,000 Expenditures and Transfers $ 599,000 Fund Balance, December 31, 2006 s 57,369 $C!.1i'2P ~. CAPITAL PROJECT FUNDS P:ub!ic Improvmu:nt E11nd Fund Balance, January 1, 2006 s <279,547> Revenu es s 2,915,000 Expenditures and Transfers $ 2,630,856 Fund Bal an ce, December 31, 2006 s 4 ,597 I CAPiW Pu*cts Fund Fund Balance, January I, 2006 s 404,111 Revenues and Transfers In $ 897,726 Expendit ures s 1,227,726 Fund Bal ance, December 3 1, 2006 s 74 ,111 $C1.tis;i11 ~. INTERNAL SERVICE FUN DS • • Scrviccnter Fund Fund Balan ce, January I , 2006 $ 513,705 -4- - 0 ( Revenues $ 1,651,139 ' Expenditures $ 1,654,218 Fund Balance, December 31, 2006 $ 510,626 C1u1i1Al ~1.1i11meo1 R~lili<emeot EI.IDd Fund Balance, January 1, 2006 $ 977,752 ' Revenues $ 754,035 Expenditures $ 771,131 ·~ ·' Fund Balance, December 31, 2006 $ 960,656 .. Risk Maoa&eroeot FW1d Fund Balance, January l , 2006 $ 1,466,209 Revenues $ 1,208,224 Expenditures $ 1,495,872 Fund Balance, December 31, 2006 $ 1,178,561 Ero11loyee Benefits El.Ind Fund Balance, January 1, 2006 $ 54,471 Revenues $ 4,826,635 Expenditures $ 4,533,688 Fund Balance, December 31, 2006 s 347,418 Central Sezyjces FW1d Fund Balance, January l, 2006 $ 254,784 Revenues $ 337,500 Expenditures $ 355,886 , Fund Balance, December 31, 2006 $ 236,398 Section 7. ENTERPRISE FUNDS Water El.Ind Fund Balance , January I, 2006 $ 3,880,496 • • Revenues $ 7,114,714 Expenditures $ 8,695,098 -5- • Fund Balance, December 31, 2006 $ 2,300,112 SewqFund Fund Balance, January I, 2006 $ 56,838,623 Revenues $ 10,435,757 Expenditures $ 30,773,466 ' Fund Balance, December 31, 2006 $ 36,500,914 Storm Drainage Fund Fund Balance, January 1, 2006 $ 547,795 Revenues $ 308,000 Expenditures $ 407,596 Fund Balance, December 31, 2006 $ 448,199 Golf Course Fund Fund Balance, January 1, 2006 $ 557,770 Revenues $ 1,987,500 Expenditures $ 1,903,292 Fund Balance, December 31, 2006 $ 641,978 Concrete Utility Fund Fund Balance, January 1, 2006 $ 447,390 Revenues $ 579,125 Expenditures $ 647,956 Fund Balance, December 31, 2006 $ 378,559 Ho1,1~ing Rebabiliiation Fund ,. Fund Balance, January l , 2006 $ 1,237,109 Revenues $ 1,824,500 Expenditures $ 1,824,500 Fund Balance, December 31, 2006 $ 1,237,109 • Section 8 . That the said budget shall be a public record in the office of the City Clerk and shall be open to public inspection. Sufficient copies thereof shall be made available for the use of the City Council and the public, the number of copies to be determined by the City Manager. Introduced, read in full, and passed on first reading on the 3rd day of October, 2005 . Published as a Bill for an Ordinance on the 7•b day of October, 2005. Read by title and passed on ftnal reading on the 11~ day of October, 2005. Published by title as Ordinance No. __. Series of 2005, on the 21st day of October, 2005. Douglas Garrett, Mayor ATTEST: Loucrishia A . Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the OrdinuM:e passed Oil final reading and published by title u Ordinance No. __. Series of 2005. Loucrisbia A . Ellis -7- ,. • • ( ( ORDINANCE NO. SERJES OF 2005 BY AUTHORITY COUNCIL BILL NO. 45 INTRODUCED BY COUNCIL MEMBER WOLOSYN AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, FOR. THE FISCAL YEAR. BEGINNING JANUARY 1, 2006, AND ENDING DECEMBER 31, 2006, CONSTITUTING WHAT IS TERMED THE ANNUAL APPR.OPRIA TION BILL FOR THE FISCAL YEAR 2006. WHEREFORE, City Council and staff held a 2006 budget and goal setting meeting on May 7, 2005; and WHEREFORE, a public hearing on the Proposed 2006 Budget was held September 19, 2005; and WHEREAS, the operating budgets and Multiple Year Capital Plan for all City departments and funds were reviewed at a budget retreat held on September 24, 2005; and WHEREAS, the Charter of the City of Englewood requires the City Council to adopt bills for ordinances adopting the Budget and Appropriation Ordinance no later than thirty days prior to the first day of the next fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectjop 1. That there be and there hereby i8 appropriated from the revenue derived from taxation in the City of Englewood, Colorado, from collection of license fees and from all other sources of revenue including available fund balances durina the year beginning January I, 2006, and ending December 3 I, 2006, the amounts hereinafter set ' forth for the object and purpose specified and set opposite thereto, specifically u follows : GENERAL fUNP Legislation City Attorney's Office Municipal Court _ City Manager's Office Human Resources Finance and Administrative Services Information Technology Public Works Safety Services Community Development. Library Services Parks and Recreation Services Contingencies -1- s 321,530 717,416 867,863 667,379 547,679 1,644,324 1,221,227 4,938,584 15,536,057 1,682,883 1,222,642 5,382,099 129,500 t . .. ,• • • Debt Service -Civic Center Debt Service -Other Total General Fund GENERAL OBLIGATION BOND FUND Total General Obligation Bond Fund s CONCRETE REPLACEMENT msTRICT 199S Total Concrete Replacement District 1995 PAVING DISTRICT #3S DEBT SERVICE FUND Total Paving District #35 Debt Service Fund PAVING DlSTRICT #38 DEBT SERVICE FUND Total Paving District #38 Debt Service Fund CONSERVATION TRUST FUND Total Conservation Trust Fund COMMERClAL REVOLVING LOAN FUND Total Commercial Revolving Loan Fund COMMUNITY DEVELOPMENT FUND Total Community Development Fund DONORS FUND Total Donors Fund MALLEY CENTER TRUST FUND Total Malley Center Trust Fund PARKS AND RECREATION TRUST FUND Total Parks and Recreation Trust Fund -2- 963,027 294,030 36,136,240 $ 1,064,018 s 1,350 s 3,151 s 56,221 S 223,500 S 30,500 S 450,000 $ 143,170 S 200,000 s 10,777 .... ... .. • t ' , • SPECIAL ASSESSMENT SURPLUS & DEFICIENCY FUND Total Special Assessment Surplus & Deficiency Fund S 22,000 OPEN SPACE FUND Total Open Space Fund PUBLIC IMPROVEMENT FUND Total Public Improvement Fund CAPITAL PROJECTS FUND Total Capital Projects t,·und SERVICENTER FUND Total ScrviCentcr Fund CAPITAL EQUIPMENT REPLACEMENT FUND Total Capital Equipment Replacement Fund CENTRAL SERVICES FUND Total Central Services Fund RISK MANAGEMENT FUND Total Risk Management Fund EMPLOYEE BENEFITS FUND Total Employee Benefits Fund WATER FUND Total Water Fund SEWER FUND Total Sewer Fund -3- S 599,000 S 2,630,856 S 1,227,726 S 1,654,218 S 771,131 S 355,886 S 1,495,872 S 4,533,688 S 8,695,098 $30,773,466 • • STORM DRAINAGE fUNP Total Storm Drainage Fund GOLF COURSE FUND Total Golf Course Fund CONCRETE UTILITY FUND Total Concrete Utility Fund HOUSING REHABILITATION FUND Total Housing Rehabilitation Fund S 407,596 S 1,903,292 S 647,956 S 1,824,500 Section 2. The foregoing appropriations shall be considered to be appropriations to groups within a program or department within the fund indicated but shall not be construed to be appropriated to line items within any groups, even though such line items may be set forth as the adopted budget for the fiscal year 2006. Section 3. All monies in the bands of the Director of Fimncc wl Adminilbative Services, or to come into the Director's bands for the fiscal year 2006, may be applied on the outstanding claims now due or to become due in the said fiscal year of 2006. Scctjop 4. All unappropriated monies that may come into the !wads of the Director of Finance and Administrative Services during the year 2006, may be IC> distnlluted among the respective funds herein as the City Council may deem best under such control as is provided by law. Section 5. During or at the close of th e fiscal year of 2005, any swphaa money in any of the respective funds, after all claims for 2005 against the same have been paid, may be distributed to any other fund or funds at the discretion of the City Council. Introduced, read in full , and passed on tint reading on the 3rd day of October, 2005. Publi shed as a Bill for an Ordinance on the 7th day of October, 2005. Read by title and passed on final reading on the 17'~ day of October, 2005. -4- .. ( • ' .. • • Published by title as Ordinance No._, Series of 200S, on the 21st day of October, 200S. · ATTEST: Douglas Garrett, Mayor Loucrisbia A. Ellis, City Clerk I. Loucrisbia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by tide as Ordinance No. _, Series of 200S . Loucrisbia A. Ellis -s- ORDINANCE NO. SERIES OF 200S BY AUTHORITY COUNCIL BILL NO. 46 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE ADOPTING THE BUDGET FOR THE LITTLETON/ ENGLEWOOD WASTEWATER TREATMENT PLANT FOR THE FISCAL YEAR 2006. WHEREAS, pursuant to the provisions of an agreement between the City of Littleton, Colorado, and the City of Englewood, Colorado, a budget for the fiscal year 2006 was duly approved by the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee on August 2S, 200S and submitted to the City Council; and WHEREAS, a public hearing on said budget was held by the City Council within three weeks after its submission at the meeting of City Council on September 19, 200S, regular notice of the time and place of said hearing having been published within seven days after the submission of the budget in the manner provided in the Charter for the publication of an ordinance; and WHEREAS, the City Council of the City of Englewood, as the administering authority for the Littleton/Englewood Wastewater Treatment Plant, has studied the budget on numerous occasions; and WHEREAS, it is the intent of the City Council to adopt the 2006 budget for the Littleton/Englewood Wastewater Treatment Plant as now submitted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I . That the budget of the Littleton/Englewood Wastewater Treatment Plant for the fiscal year 2006, as submitted by the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee and duly considered by the City Council after public hearing, is hereby adopted as the budget for the Littleton/Englewood Wastewater Treatment Plant for the fiscal year 2006, as follows: Littleton /EneJewood Wastewater Trea1men1 Plant Fund Balance -January I , 2006 Revenues Expenditures Fund Balance -December 31, 2006 -1- S 115,674 49,116,470 49,186,470 l lS,674 l ' • • Sectigp 2. That the said budget as accepted shall be a public record in the Office of the City Clerk and shall be open to public inspection . Sufficient copies thereof shall be made available for the use of the City Council and the public, the number of copies to be determined by the City Manager. Introduced, read in full, and passed on first reading on the 3111> day of October, 2005. Published as a Bill for an Ordinance on the 7th day of October, 2005. Read by title and passed on final reading on the 11• day of October, 2005. Published by title as Ordinance No.__, Series of 2005, on the 21st day of October, 2005. ATTEST: Douglas Garrett, Mayor Loucrishia A. Ellis, City Clerk 1, Loucrisbia A. Ellis, City C1crt of the City of Eqlcwood, Colondo, hereby certify that the above and foreac,ing is a true copy of the Ordinance pmecl on final reading and publitbed by title u Ordinance No. __, Series of 2005. Loucriabia A. B1lia -2- () ( ( ( ORDINANCJfNO. SeRIES OF 200S BY AUTHORITY COUNCIL BILL NO. 47 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON/ ENGLEWOOD WASTEWATER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY l, 2006, AND ENDING DECEMBER 31, 2006, CONSTm.JTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2006. WHEREAS, the Cities of Englewood and Littleton entered into a contract to build, maintain, and operate a joint Wastewater Treatment Plant facility; and WHEREAS, the operations, including budget matters, of this joint facility are overseen by the Supervisory Committee; and WHEREAS, the City of Englewood operates the Littleton/Englewood Wastewater Treatment Plant under the control of the Supervisory Committee; and WHEREAS, the Littleton/Englewood Wastewater Treatment Plant bas its own fund for operations and maintenance; and WHEREAS, the Supervisory Committee approved the following u tbe 2006 budget at the August 2S, 200S meeting. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That pursuant to tbe Littleton/Englewood Wastewater Treatment Plant agreement, there be and hereby is appropriated from the revenue derived from operation of the Littleton/Englewood Wastewater Treatment Plant in the City of Englewood, Colorado, and from all other sources of revenue in the Littleton/Englewood Wastewater Treatment Plant Fund including available fund balance during the year beginning January l, 2006, and ending December 31, 2006, the amounts hereinafter set fonh for the object and purpose specified as follows: Total Littleton/Englewood Wastewater Treatment Plant Fund S 49,186,470 Introduced, read in full, and passed on first reading on the 3rd day of October, 200S . -1- Hb t • • Published as a Bill for an Ordinance on the 7th day of October, 2005. Read by title and passed on final reading on the 1-r~ day of October, 200S . Published by title as Ordinance No._, Series of200S, on the 21st day of October, 200S. ATTEST : Douglas Garrett, Mayor Loucrishia A . Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. __, Series of 200S. Loucrishia A. Ellis -2- () • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: October 17, 2005 11 Ci Resolution to Apply for a Loan for the Housing Rehabilitation Enterprise Fund Initiated By: Staff Source: Community Development Department Janet Grimmett, Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council approved Ordinance 23, Series 1999 assuming all of the assets and liabilities of the Rehabilitation Program from the Englewood Housing Authority. Also approved was Ordinance 26, Series of 1999 establishing the Housing Rehabilitation Fund and Ordinance 31, Series of 2003 creating the City of Englewood Housing Rehabilitation Enterprise Fund. Council approved Resolution 33, Series of 2000 and Resolution 77, Series of 2003 authorizing an agreement establishing a line of credit with Vectra Bank for the continuance of the Housing Rehabilitation Fund . Council approved Resolution 47, Series of 2005, authorizing an application for a line of credit with Mile High Housing Fund and approved Resolution 75, Series of 2005, authorizing a loan with Colonial Bank . Council approved Council Bill No. 42 on first reading to approve an ordinance to purchase 2394 West Wesley Avenue . RECOMMENDED ACTION Reco mmendation from the Community Development Department to approve a Resolution authorizing the City to apply for loan with Colonial Bank for $410,000 to support the operating activities of the Housing Rehabilitation Enterprise Fund and to fund the acquisition of 2394 West Wesley Avenue. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City created the Housing Rehabilitation Loan Program in 1977 to preserve the existing housing stock in the City and to address the problems of low-income families with the financing of major repairs . The Program was administered through the Englewood Housing Authority until early 1999 \'\-hen the City es tablish ed the Housing Rehabilitation Fund (the Fund) and assumed all of the assets and liabilities of the Rehabilitation Program. The Fund was established to operate and support the Housing Rehab Loan Program. The Fund is managed as a revolving fund for housing rehabilitation and de\ elopment with the goal of preserving the principle while improving the housing stock. ' .. • • One of the functions of the Fund is to redeem properties that have gone through the foreclosure process. Three properties have been redeemed from foreclosure by using cash from the Fund and a fourth property was redeemed using a loan from Colonial Bank. All of these properties are currently listed for sale. Until the properties are sold, the Fund does not have the cash in the account to continue the day-to-day operations of the Housing Rehab Program and to continue support of the partnership with Arapahoe Community College's Arapahoe/Douglas Career and Technical School (ACTS). The loan from Mile High Housing Fund approved in June, 2005 is limited to redeeming properties from foreclosure. The prior Colonial Bank loan was approved to redeem 4165 South Washington Street and to cover the associated costs of foreclosures . Those loans are not available for any other use. A new loan is needed to support and maintain the normal day-to-day operations of the Housing Rehabilitation Program and the continued construction of 2350 South Zuni Street (the current ACTS site). Funds are also needed to purchase 2394 West Wesley Avenue that will be subdivided into additional sites for the ACTS partnership. Staff has researched loan options with the local banking community. After discussing the program needs with Colonial Bank, 3501 South Broadway, they offered a loan product that meets the Fund's needs and the contract deadline of November 15 to purchase 2394 West Wesley Avenue. The risks of the loan would be supported solely by the Housing Rehabilitation Fund and secured by three of the properties currently listed for sale. The loan will be fully repaid to Colonial Bank when the homes are sold. FINANCIAL IMPACT Existing Community Development staff administers the Housing Rehabilitation Fund. No additional monies will be required for administration of the line of credit The Housing Rehabilitation Fund will assume all risks associated with the line of credit LIST OF ATTACHMENTS Resolution RESOLUTION NO. SERIES OF 2005 0 J. /~t A RESOLUTION AUTHORIZING THE APPLICATION FOR A LOAN FROM COLONIAL BANK TO THE CITY OF ENGLEWOOD, COLORADO TO FUND THE HOUSING REHABILITATION ENTERPRISE FUND. WHEREAS, the City Council of the City of Englewood, Colorado created the Englewood Housing Rehabilitation Loan Program in 1977, to preserve the existing housing stock in the City and to address the problems of low-income families with the financing of major repairs has approved resolutions to apply for funding to support the Housing Rehabilitation Program since 1977; and WHEREAS, the Englewood City Council approved Ordinance 23, Series of 1999, assuming all of the assets and liabilities of the Rehabilitation Program from the Englewood Housing Authority; and WHEREAS, the Englewood City Council approved Ordinance 26, Series of 1999, establishing the Housing Rehabilitation Fund and Ordinance 31, Series of 2003, creating the City of Englewood Housing Rehabilitation Enterprise Fund to operate and support the Housing Rehab Loan Program; and WHEREAS, the Englewood City Council approved Resolution 33, of2000 and Resolution No . 77 of2003 authorizing agrccmcnts which established a line of credit with Vcctra Bank for the continuance of the Housing Rehabilitation Fund; and WHEREAS, the Englewood City Council approved Resolution No. 47, 2005, authorizing an application for a million dollar line of credit with Mile High Housing Fund; and WHEREAS, to facilitate a faster approval process with Mile High Housing Fund it was decided to decrease the initial loan request from a million to $500,000; and WHEREAS, Mile High Housing Fund Loan Committee approved the loan on July 27 , 2005 but with conditions that did not entirely meet the Program's needs; and WHEREAS , the Englewood City Council approved Resolution No . 75, Series of 2005 , authori zin g a loan with Colonial ; and WHEREAS , the Englewood City Council approved Council Bill No . 42, Series of 2005 , on first reading authorizing the purchase of2394 West Wesley Avenue; and WHEREAS , the passage ofthis Resolution approves submittal of an application for a loan with Colonial Bank for $410,000 to support the operating activities of the Housing Rehabilitation Enterprise Fund 39d to fund the acquisition of2394 West Wesley Avenue ; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF E GL EWOOD , COLORDO , THAT : t -~ .. • • Section 1. The City Council of the City of Englewood hereby authorizes application for a loan for the Englewood Housing Rehabilitation Enterprise Fund for the purpose of funding the acquisition of2394 West Wesley Avenue and the operating activities ofFund. Section 2. The Mayor and City Clerk arc hcrchy authoriz.cd to si gn and attest all neccsaary forms, documents, assurances and certifications for the loan with Colonial Bank of $410,000 for the Englewood Housing Rehabilitation Enterprise Fund. ADOPTED AND APPROVED this 17"' day of October, 200S. ATIEST: Douglas Garrett, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No.__, Series of200S. Loucrishia A. Ellis, City Clerk ) { COUNCIL COMMUNICATION Date: Agenda Item: Subject: October 1 7, 2005 11 C ii Use Agreement with Englewood Cultural Arts Center Association Initiated By: Staff Source: City Manager's Office Michael Flaherty, Deputy City Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council authorized $227,500 for the Civic Center Cultural Arts Space in the 2005 budget On August 15, 2005, by Resolution #74, Council authorized transfer of an additional $175,000 to the Cultural Arts Space project from two other capital project funds. RECOMMENDED ACTION Staff recommends Council adopt a Resolution to approve a Use Agreement with the Englewood Cultural Arts Center Association, d.b.a ., E-Arts, for the non-exclusive use of the Cultural Arts Space at the Civic Center. BACKGROUND During the construction of the Civic Center, City Council designated approximately 4,000 square feet of space on the second floor adjacent to the Museum of Outdoor Arts (MOA) for additional cul tural uses . The goal of the Council through their action was to add positive activity to the building and to CityCenter Englewood . At that time, funding was not available for build-out of the space . In 2004 City Council authorized a transfer of $227,000 from two prior capital appropriations, $177,500 from the Cultural Arts Center Land Bank and $50,000 from the Conserva tion Trust Fund to the Cultural Arts Space project These funds were intended to initiate project planning; however, additional funding was needed to complete the project On August 15, 2005, Council authorized transfer of an additional $175,000, from two existing capital projects, an additional $100,000 from the Cultural Arts Center Land Bank, and $75,000 from the Conservation Trust Fund . In addition, E-Arts had pledged a minimum of $50,000 toward construction co!»ts. 0\ er the past several months, concurrent with preliminary planning for build-out of the space, discussions and negotiations between City staff and the Englewood Cultural Arts Center Association have been pursued . The result of that process is the draft agreement now being presented to Council. ote: A curren t City agreement with MOA allows MOA second priority, after the City, for scheduling the Cultural Arts space . Due to a change in this agreement in the scheduling priority, E· Arts taking second priority and MOA moving to third priority, language has been added to this • • agreement that documents concurrence by MOA with this change. An amendment to the current (-_ ) MOA agreement is in process and will be presented to Council at a later date. FINANCIAL IMPACT City appropriations for this project total $402,500. The E-Arts contribution to the project is $75,000. LIST OF ATTACHMENTS Final Changes Memoradum Resolution • • MEMORANDUM TO: Mike Flaherty, Assistant City Manager Gary Sears, City Manager Dan Brotzman, City Attorney FROM: Nancy Reid, Assistant City Attorney~ d, DATE: October 11, 2005 REGARDING: Final Clwtges -E Arts Use Agreement The following substantive changes were made to the Agreement aftm the Council Meeting of October 10, 2005 : Heading: MOA wu added to beading. 1.2 Clwtged the definition of the "term ofthia agreement" to the "term of the Use". This docs not limit the time period for requirina payment under the agreement itself. 2.1 .1 This Section changed the seventy-five thousand for the initial tam to seventy- five thousand for the term plus two 5 year renewals. 3.1.1 A plan has not yet been finaliz.ed. Therefore the timina has been cbanpl to "Shall be "designed and approved. (See also 3.2.1) 3 .1.5 The "unreasonably withhold" sentence bu been deleted. It ii too subjective to be enforceable and the City can not be be1d to a ff111C standard when we may have competing interests and activities aoina on in the Civic Cem:r at my one time, e.g. parties with overlapping activities in the community room, Council Chambers or MOA. Signature Block: Attachment The limitation noted before MOA's signature is not n essary. Tbe understanding is stated in the body of the qreemenl In addition, MOA and the City arc aware that an amendment, to the MOA sublease is also required, with an Ordinance . • • RESOLUTION NO. SERIES OF 2005 A RESOLUTION AUTHORIZING A USE AGREEMENT BETWEEN ENGLEWOOD CULTURAL ARTS CENTBR ASSOCIATION (dba B-Ar11). THI! MUSEUMOPOUJ'DOOR ARTS AND TIIE CITY OF ENGLEWOOD, COLORADO PERTAINING TO THE CULTURAL ARTS SPACE AT CMC CENTER. WHEREAS, the City of Englewood is in the process of developing, on the second Ooor of its Civic Center building, a Cultural Arts Space as a cultural performance venue for community arts performances, as well as other event and meeting uses; and WHEREAS, the City of Englewood leases the Civic Center from the Englewood Environmental Foundation and has full authority and discretion for its use; and WHEREAS, E-Arts is a private non-profit organization engaged in developing and presenting cultural and artistic programs for the Englewood community; and WHEREAS, it is the City's desire to promote artistic activities within the community in accordance with Section 10 of the 2003 Englewood Comprehensive Plan and specifically at the CityCenter Englewood; and WHEREAS, the City desires to pennit E-Arts a nonexclusive 111e of the Space to provide cultural and artistic programs; and WHEREAS, the City desires to enter into this Agreement with E-Arts to assist E-Arts in the conduct of its non-profit functions and to clarify the rights and duties granted by the City and accepted by E-Arts; and WHEREAS, the City Council of the City of Englewood has resolved to enter into this Agreement and to facilitate the presence ofE-Arts programs in accordance with the terms of the Use Agreement; and WHEREAS the Museum of Outdoor Arts is aware of this Agreement and agrees to change its priority ofuse of the Space; NOW , THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT: Section I. The Use Agreement between Englewood Cultural Arts Center Association, Tbe Museum of Outdoor Arts and the City of Englewood, pertaining to the Cultural Arts Space in the Civic Center, attached hereto as Exhibit I, is hereby accepted and approved by the Englewood City Council . t .. •. • • ~ 2. The Mayor and City Clerk are authorized to execute and attest said Use Agreement for and on behalf of the City of Englewood. ADOPTED AND APPROVED this 17th day of October, 200S. AITEST: Douglu Garrett, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City ofEqiewood, Colorado, hereby certify the above is a true copy of Resolution No ._, Seriea of200S . Loucrisbia A. Ellil, City Clerk ( USE AGREEMENT This USE AGREEMENT (hereinafter referred to in its entirety as "Agreementj, made and entered into this __ day of October, 2005, by and between the City of Englewood, a Colorado Municipal Corporation, (hereinafter referred to as "CITY''); the Englewood Cultural Arts Center Association, a Colorado not-for-profit corporation, doing business as Englewood Arts (hereinafter referred to as "E-Artsj and the Museum of Outdoor Arts (hereinafter referred to as "MOA''). A. RECITALS The CITY is in the process of developing, on the second floor of its Civic Center building, a Cultural Arts Space (hereinafter referred to as "the Spaccj as a cultural performance venue for community arts performances, as well as other event and meeting uses. B. The CITY leases the Civic Center from the Englewood Environmental Foundation and bas full authority and discretion for its use. C. E-Arts is an Internal Revenue Code 501 (c) (3) private organization engaged in developing and presenting cultural and artistic programs for the Englewood community. D. It is the City's desire to promote artistic activities within the community in accordance with Section 10 of the 2003 Englewood Comprehensive Plan and specifically at the Civic Center Englewood. The CITY desires to permit E-Arts non-exclusive use of the Space to provide cultural and artistic programs. E . The CITY desires to enter into this Agreement with E-Arts to assist E-Arts in the conduct of its non-profit functions in the Space and to clarify the ripts and duties granted by the CITY and accepted by E-Arts. F. The City Council of the City of Englewood bas resolved to enter into this Ap-cemcnt and to facilitate the presence of E-Arts programs in the Space in accordance with the following terms. G. The Museum of Outdoor Arts is aware of this agreement and agrees to change its priority of use of the Space. NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and promises hereinafter contained, the parties agree as follows: 1.1 ARTICLEI , ..IEBM Premises. In consideration of the usc fcca, covenants and apeemeots herein, to be perf ormcd on the part of E-Arts, tbe CITY docs hereby permit tbe DOD-exclusive right to E-Arts to use the Space localed in tbc Civic Center buildia1, belted at 1000 Englewood Parkway, Englewood, as shown oa Exhibit A attached haetu ano incorporated herein . The premises, known as tbc Space contains approximatck,• 4000 square feet. E X h i b i t 1 • • 0 0 1.2 Term of the Use. The term of the use which is the subject of this agreement shall commence upon the first day of the month following the completion of the construction of the Space by the CITY ("Commencement Date" herein), currently anticipated to be March I, 2006, but subject to final approvals and satisfaction of all permit requirements . The Term of this Agreement shall expire on the last day of the calendar month ten (10) years after the Commencement Date. In addition, the CITY hereby grants to E-Arts an option to extend the Term of the Agreement for two (2) additional five (S) year periods subject to the following terms and conditions: 1.3 1.2.1 Written notice of E-Arts' election to exercise an option term shall be given to the CITY no later than six (6) months prior to expiration of the then current existing term. If E-Arts timely exercises the option, the Agreement shall be deemed extended under the same term and conditions provided herein, except that the CITY or E-Arts shall not be required (but may individually choose to do so) to contribute any additional construction monies to the Space. 1.2.2 If at the time of the exercise of an option period E-Arts has received notice from the CITY that it is in default of this agreement, such default shall be cured by E-Arts as provided herein and if such default is not cured the CITY may withhold its consent to such extension, in the City's sole discretion. Subject to Annual Appropriation. Any provision of this Agreement or attachments which impose upon the CITY, directly or indirectly, any financial obligation whatsoever to be performed or which may be performed in any fiscal year subsequent to the year of execution of this Agreement is expressly made contingent upon and subject to funds for such financial obligation being appropriated, budgeted and otherwise made available by the City Council of the City of Englewood, Colorado. All11CLEII Use Fee, 2.1 Use Fees. In lieu of fees for its use of the Space for the term of this Agreement, as extended by the option(s) provided herein, E-Arts shall contribute a minimum of Seventy-Five Thousand Dollars ($75,000) toward construction cost of the Space. Payment of this contribution shall be made to the CITY in conjunction with the commencement of the construction of the space. ARTICLEm CONSTRUCTION AND USE OF THE SPACE 3.1 CITY R~ponslbllldes. The CITY shall have the following responsibilities : 3.1.1 Space deslp. The CITY shall develop a specific design for the Space with appropriate consultation with E-Arts and other prospective users . Particular attention shall be paid to the acoustical considerations for the Space. Said design ("Space Plan" herein) shall be approved by the CITY and E-Arts. 3.1.2 Space Coa1tnctloa. Based upon the approved Space Pl«n and subject to availability of necessary fundina, the CITY will use its best efforts to complete construction of the Space by Much I, 2006 . -2- .. ' ... .. ( • • • ( 3.1.3 Facility Equipment. An initial complement of equipment for the Space shall be provided by the CITY and shall be available for use by E-Arts. The equipment available is to include production equipment such as lighting fixtures, sound equipment and audience related items such as chairs and tables. A list of available equipment shall be provided to E-Arts. Any additional or different equipment CCGuircd for a particular event beyond the standard compliment of equipment shall be provided by E-Arts, subject to approval by the CITY. 3.1.4 Space Scbedullna. The CITY shall create and maintain a Master Schedule for usage of the space. The Master Schedule sball be developed on a timely basis in order to accommodate the annual event schedule of E-Arts, the CITY and other usen. 3.1.S Maintenance and Stafflna Coordination. The CITY will provide, at its own expense, only routine maintenance and cleaning of the facility, per current CITY standards for Civic Center. Determination of staffing requirements related to individual events or other specific uses of the Space by E-Arts, including but not limited to, custodial, equipment operators, security and concessions shall be made by the CITY and provided or paid for by E-Arts 3.1.6 Stonae Space. Subject to availability, the CITY may make space available to E-Arts for purposes of temporary storage. Only those spaces so designated by the CITY for use by E-Arts may be used on an on-going basis. 3.2. E-Artl Respon1lbllldes. E-Arts shall uve the following responsibilities regarding construction and usc of the space: 3.2.1 Deslan Anl1~nce. E-Arts will auist the CITY in the design, design review and, as appropriate, the construction proccs1 for the Space. E-Arts will provide guidance as to requirements of the production upccts as well as how the facility will function u a performance venue. As needed and requested by the CITY, E-Arts will identify technical support persons or organizations to assist the CITY. 3.2.2 Use Commitment. E-Arts shall commit to produce or present a minimum of fourteen (14) events each year. E-Arts will assist the CITY in the development of an annual performance program of value to the community. In addition, E-Arts will cooperate with the CITY to locate and encourage other performing aroups to usc the space. E-Arts shall meet semi-annually with the Englewood Cultural Arts Commtssion, on dates to be determined by the Commission, to review, schedule and approve the proposed proarams to · be presented by E-Arts. 3.2.3 "Event Use Aareement." E-Arts shall secure and agree to comply with terms and conditions of the "Event Use Aarccment", u developed by the CITY and as may be revised from time to time, for each of its event UICS. As part of each individual use aarcemcnt, tbc CITY will confer with E-Arts regarding stafl"tng and equipment requirements; however, tbc CITY shall have final authority on staffina requirements. E-Arts shall provide, at its sole expense, for all costs associated with required equipment and staffina u may be determined for each event. -3- t • • 4.1 4.2 4.3 ..... ·• • • 3.2.4 Food aad Beven1e Service. Subject to the availability of fo od and beverage service facilities in the Space, E-Arts events sb..ll be granted permission to serve food and beverages to its pabOIII durina ill events consistent with the current Civic Center food and bevcrap policy. E-Arts may retain any income received from sucb service. E-Arts shall be respomible for obtainina any requimt permits and licema requimt for sale and service of food and bevcraacs. Sale or service of alcoholic bevaqes at any E-Arts event shall be subject to the prior approval of the City Manaaer. It shall be the responsibility of E-Arts to secure from the CITY a liquor license for eacb of its events at wbicb it chooses to provide alcobolic beveraacs. 3.2.5 Eftllipaeat. While the CITY will provide, pa Section 3.1.3 above, a defined Iii& of equipmCDI for the Space, E-Arts shall be responsible for enpaing experienced sound and/or liabtina opaaton. Sucb operalOn shall be selected from a lilt of operators approved by the CITY. Use of any ocher operaton shall be approved iD advaacc in writiq by lbe CITY. E-Arts will provide for any ocher equipment ncccuary for ill opentiom, includina phones and phone lines, wbicb -y be ncccuary for its use of tbe Space. 3 .2.6 NN-C••• addwe UN. E-Arts qrecs tbat ill use of the Space will not directly ccapcte witb propams offaed by the Museum of Outdoor Arts. All11Cl&IV KfflPIJLINC PRIQRQ'Y CrrY l'rterlty. As owner of tbe Space, the City bu first priority for establishing dates for its U1C of the Space. E-Artl Prlerity. Tbe second priority for scbedulina will be propams that are offered by E-Arts or jointly by the CITY and E-Arts. R141 ..... fer Evat 0.... E-Arts may request a dale for use of the Space hued upon an mticipued event, but for wbicb an "Event Use Ap'oement" bu not yet been completed. This shall be daipatcd an event "bold." lf another party reqUClts the same dale and is prepared to enter iilto a formal "Event Use Apeement", E-Arts muse. within 41 boun.. either enter into an "Event Use Apeement" or lose its prionty for tbat dale . Tbe CITY, tbroup its City Manager or bis designee, shall make the final dccisioa reprdina any disputes over dates. In c ideration for the E-Arts and the City's contribution to the construction of the pace, the Museum or Ourdoor Arts qrecs to the cbanac in its priority for scheduling or die Spece r:om ond priority to third priority. AlmCUV SICN,\CI, RQMOTIQN AND NAMING RIGHTS ouidcr appn,pria&c sipaae adjacent to the entrance to appro,naec locatiom within Civic Center to direct patrons to -4- ' .. • • ( ( •• • • 5.2 Promotion. E-Arts will be responsible to provide, on a timely basis, information about its events for appropriate placement within Civic Center and the CityCenter Englewood. In addition, as appropriate, the CITY may, at its sole discretion, include E-Arts performance information on its website and Citizen newsletter. 5.3 Namlna Rlabts. The CITY and E-Arts may enter into discussions regarding potential revenue generation to fund capital and/or operating expenses of the Space in exchange for naming rights. Such discussions shall include consideration of the appropriateness, the level of contribution to be so honored and what portion of the Space should be defined as a naming opportunity. Final approval for naming rights shall remain solely with the City Council of the City of Englewood. ARTICLE VI INSURANCE AND INDEMNITY 6.1 E-Arts Liability Insurance. 6.1.1 Public Liability. E-Arts shall, during the term of this Agreement, keep in full force and affect a policy of commercial general public liability insurance with personal injury and property damage liability limits in an amount of not less than $1,000,000. The policy shall name the CITY and the Enalewood Environmental Foundation as additional insured and shall contain a clause that the insurer will not cancel or change the insurance without first aiving the CITY ten (10) days prior written notice. The insurance shall be with an insurance company qualified to do business in Colorado, and a copy of the policy or evidence of insurance, in a form approved by the CITY shall be delivered to the CITY within thirty (30) days of the execution of this Agreement. 6.1.2 Worker's Compensation. To the extent required by law, E-Arts shall procure and maintain worker's compensation coverage for its employees . 6.2 E-Arts Property Insurance. E-Arts agrees that it shall keep its furniture, fixtures, merchandise, equipment and all items it is obligated to maintain and repair under this Agreement insured against loss or damage by fire and all risk endorsements. It is understood and agreed that E-Arts assumes all risk of damage to its own property arising from any cause whatsoever, including, but without limitation, loss by the1\ or otherwise. 6.3 E-Arts Indemnity. E-Arts shall indemnify and hold the CITY and the Ena)cwood Environmental Foundation harmless from and against any and all losses, claims and damages arising from E-Arts' use of the Space, or the conduct of its business or l'rom any act or omission to act, activity, work or thin& done, permitted or suffered by E- Arts in or about the Space, and shall further indemnify and bold the CITY harmless from and against any and all claims arising from any breach or default in the performance of any obligation of E-Arts to be performed under the terms of this Agreement, or arising from any act or negliaence of E-Arts or any of ill apts, contractors or employees, and from and aaainst all costs, at1omcy1' fen, apemcs and liabilities incurred in connection therewith . The CITY shall DOC be liable for injury or damage which may be sustained by the person, aoods, wvca, IDlffllllldise or property of E-Arts, its employees, invitees or customcn, or any ocher pcno11 in or about the Space however or wherever caused . -5- ' .. .• • • 7.1 ·• • ARTICLE VD DEFAULT Defaalt by tile £-Arts. Subject to the E-Art's notice and cure rights set forth below, the CITY may terminate this Agreement upon default by E-Arts under this Agreement. Notice of default termination, which shall state the designated date of the default, shall be in writing, delivered by certified U.S. Mail, Return Receipt Requested, at least one hundred twenty (120) days prior to the designated date for default termination of this Apeement. E-Arts shall have thirty (30) days from receipt of a default termination notice to correct or commence such correction if such correction cannot be reasonably corrected within such thirty (30) days. If so corrected, or commenced and corrected, within a reasonable time then this Agreement shall not terminate. Upon termination for default, E-Arts shall reimburse any and all charges due to the CITY for which it is entitled under this Agreement. ARTICLEVDI MISCELLANEOUS I.I. Time of Eueace. Time is of the essence. l.l A11lpmeat. E-Arts shall not assign this Agreement or any interest herein, without the prior written consent of the CITY, in its sole and subjective discretion. 1.3 SeverablUty. The invalidity of any provision of this Agreement, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. 1.4 Eadre Acreemeat. This Agreement, along with any exhibits or attachments hereto, constitutes the entire agreement between the parties relative to the Premises and Programming, and there are no oral agreements or representations between the puties with respect to the subject matter hereof. This Agreement supersedes and cancels all prior agreements and undentandings with respect to the subject matter hereof. This Agreement may be modified only in writing, signed by the parties in interest at the time of modification. 8.5 Tlllrd Party Ben 'lry. Nothing herein shall be construed as giving rise to any rights or benefits I t third party. E-Arts and the CITY expressly disclaim any intent to create any lu i.rd-party beneficiary status or rights in any person or entity not a party to this agreement. 8.6 Bladln& Effect; Choice of Law . Subject to any provisions hereof restricting assigning by E-Arts, this Agreement shall bind the parties, their successors and assigns . This Agreement shall be governed by the laws of the State of Colorado. 8.7 Authority. Each individual executing this Agreement on behalf of the respective parti es, represents and warrants that be is duly authorized to execute and deliver this Agreement on behalf of such party and that this Agreement is binding upon each party in accordance with its terms . -6- ' ( • • ( 8.8 Notices. All notices, coordination, and other commmication required or permitted by this Agreement shall be made to the following persons: CITY OF ENGLEWOOD City Manager City of Englewood l 000 Englev.ood Parkway Englev.ood, CO 80110 Name -------- Title ----------- Address --------- 8.9 Noadl1crlmlaadoa. E-Arts shall make its services and propama available to all pel10DI regardless of race, color, age, creed, national oriain, sex, or disability. IN WITNESS WHEREOF, the parties hereto have affixed their signatures to this Agreement the day and year tint above written. ATTEST: By=-------------,,--, Loucrisbia A. Ellis, City Clerk CITY OF ENGLEWOOD By:------------- Douglu Gurett, Mayor ENGLEWOOD CULTIJRAL ARTS CENTER ASSOCIATION By: Its: STATE OF COLORADO ) ) ss. COUNTY OF ARAPAHOE ) The foregoing instrument wu acknowledged before me this __ day of ___ __, 200S by u · of--------- Witness my band and official seal . Notary Public My commission expires: -7- MUSEUM OF OUTDOOR ARTS By: Its: STATE OF COLORADO ) ) ... COUNTY OF ARAPAHOE ) The forcaoing instrument WU acmowlcd&cd before me this --day of ___ __, 2005 by u or--------- Witness my hand and official seal. Notary Public My commission expires: ( -8- " ' . . ·• • • • ···~ ·•' ., . . :-;. (, 0 ........ • •. I .. " ., . · . . .. EXlttBIT A PROPOSED CULTURAL ARTS SPACE BASE BID Nol lo Scii • 'J ' . \, PLATPORN llr AU. ._ _____ ' " COUNCIL COMMUNICATION Date: Agenda Item: Subject: October 17, 2005 11 C iii Resolution Re-Appointing Hearing Officers Initiated By: Staff Source: Human Resources Sue Eaton, Director of Human Resources RECOMMENDED ACTION The staff recommends the Englewood City Council re-appoint, by resolution, those Hearing Officers on the list approved in 2003 to hear Merit and Disciplinary appeals. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Englewood City Council passed resolution No. 47, series of 2002 appointing a panel of qualified Hearing Officers to hear Disciplinary and Merit Appeals. The panel, once established, may be re-appointed by the Council on an annual basis. '· LIST Of ATTACHMENTS Resolution Resumes of Current Panel of Hearing Officers C RESOLUTION NO. SERIES OF 200S A RESOLUTION REAPPOINTING THE HEARING OFFICERS TO THE UST OF PERSONS ELIGIBLE FOR APl'OINTMBNT AS Hl!AlUNO OflfllCBltS FOR DISCIPLINARY AND MBRrr APPEALS . WHEREAS, the Englewood City Council paased Ordinance No.19, Series of 1996 which modified the Englewood Municipal Code in regard to disciplinary and merit appeals; and WHEREAS, Ordinance No. 19, Series of 1996 repealed lhe duties of the Englewood Career Service Board and provided that in matten of disciplinary and merit appeal1, the City Council woold appoint hearing officers to hold hearings and make findings and detmninationa ; and WHEREAS, the Englewood City Council paucd Resolution No.47, Series of 2002, establishing a list of qualified persons for appointment u Hearing Off"iccn for di9ciplinary and merit appea1J for a period of one year with the right to be reappointed by Council on an annual buil; and WHEREAS, lhe passage of this Rcsolutioo will provide a lilt of i,er-. for appointment u hearing officers for a period of one year with lhe right to be reappointed by Council on an annual buil; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, 1HA T : ~. The City Council of the City of Englewood, Colorado, hereby approves the following persons for appointment as hearing officers for disciplinary and merit appea1J by the City of Englewood : Bennett S. Aiscnberg Ronald J. Cohen John P . Difalco ADOPTED AND APPROVED this 17th day of October, 200S. ATTEST: Douglas Garrett, Mayor Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No.___, Series of200S. Loucrishia A. Ellis, City Clat t ,II .. • • -·• • • BENNE!T S. AlSZ!aaG WUJtE Law Ot!!c:s cfllem:e:: S •• ~ P.C.. Dmvilr, Cifmdo, 1980-paams Pmne:. Ciarmc!t. Xi:p. Campbc!I, WIim 111d Clmlc. :cm.c. Coknr=. 19!1 • 19ID .B.A.. Fammcic:s, BrDanl Umvcmy, 19~ I.LS .• Hai'vm1 I.aw School. 19!3 • U.S. -~, 19~.5 • 19Si Pra:id=f. ~ C'zim:::my 01.b ai C=ar:do, 1967 .1970 ~ ~t.n, Sccai Ass:c:a:ion al~ 1984 -19e C=icro..do T.cal u...,,:s ~..:iccn. Beam~ lffl • 1984, P!midim. 1984 • 1915 I..::::-m::. C:icr:lda Tc.I ~ A sm:!arinn lffl • plll!Smt Tr..a1 uwyc:, !gr P..mlic Iusm:.:. !ca= Cm;:mm cc:ak:ndol Foum:inc }fc::bcr, PoJi:iic !mac: ram!lcm lmi:::=cam1 Sa=y of:3r..m:s c_~ as a Cvt1 TJU1 Acwc:m. :-l'lcc:al!om! ai'!:ial~, 1914 • 1994 A4llam=e:s.• lta • 1994 Ce::vc !Ir ..\.ssoc:arinn • P:aidc: 1'991 • 1992: T:111111. 1912 -U.,.. 1917 • 1990; Ra:mse:::mi-re = !cml ai ~ ai Calaado Jar A.m:£,dm, tffl • 1980; ~ ~ c,...,..;..-197$ • lffl; Oahpm:aa. Tm Fm= a AS1CS1 t.cpl Sync::. l9e · 1986 · <:,1c~ Bar ~11 • C:ai.;:m. L:ac~o/hsional C@ooin= 19'T1 • 1990; C?:.ar;e:s:n, .4Jtc::wi've ~ :Pcwhmnn CJ :, 1iaH cm~ 19":9 - 1980: ~ C ·,re: 1986 • pr=c: Amic:ls C=-C 4 r , 1991-191M Tmc-Jc:. Ta-:3. Umvc::iry afDCM:'. Sc!lcal aft.a. 19d1 • 1963 Ic.st:-.:.c::ir, Rc:i ~ u.w, Univdcy cl Calcada !XIP'ISim Scca1. lMJ • 1963 ' • • Imnaz. Nadrml l'Dlilam tbr'fml Adla:a:J, 1915 • 1990 Amr::t::n lamlatTml AdRlcms NCDllll AcadmJy at A:bllruan: llfmDlllr. C II 1111.&w m:l I ..,i,a:tcm, ltld • p1111111; lay M fe ..... Clidap..w. *'. !Sia • • ( ll!Stnd or 1.0DIJ> J. COBD 232! West 72nd Av.nu• Denver, calorada 80221 (303) 427-7584 Qwlli tic:atiou: Juris Dcctor Degree muversity ot Denver June, 1968 Admitted. by Colorado Suprame caurt October, l9 6 a Admitted. by United States Dir...ric:t Court October, l968 Admitted by United states caurt ot Appeals HArc:!l, l9 7l Admitted. by United States Supreme Court March, 1972 General Legal Experience: Sta!:f Attor:iey Denver Legal Aid Societ"/ -1969 Associate Attor:iey Berger, Rothstein & Gahl.er Attorneys at Law ecmmcc• City, co -1970-1972 Partner Gehle & c=hc At";or:ieys at Law Commerce City, CO. -1972-1982 sole Practitioner Ronald Cohen, Attorney at Law Denver, co -1982 to present Nun.i.cipal and Governmental X...•l lzperiance: Assistant Count"f Attorney Aca!IIS Count-1, co -1970-1972 t .. .. • • Assistant City Attorney and Prosecuting Attorney commerce Cit"/, co -1970-1982 Prosecuting Attorney Borthglenn, CO -1970-1972 Assistant City Attorney and Prosecuting Attorney Brighton, co -1972-1982 City Attorney Lafayette, co 197!-1990 Legal Advisor career Service COIPDissiou Commerce City, co 1982 ta present &earing ottic:er career service Commerce City, co 1992 to present Judicial Experience: Presiding Judge Nor-..b.gle?lll, co -1982 to present Presiding Juc:!ge Federal &eights, co -1982-1990 Presiding Judge commerce City, co -1987 to present Administrative Lav Judge . Ade.ms County, co -1988 to 1994 . Bearings: Rate: $100 per hoar • t • • C 0 ( Contact American Arbitration Association 8795 N. Palm Avenue 2nd Floer Fresno, CA 93704 talephone: an-s2a~aao facsimile: 559-490-1919 Labor Panel John P. DiFalco, Esq. Current Employer-Title Difalco Corporation. President; John P. Difalco & A.ssociates, P.C.-Owner Occupation Attorney, Arbitrator . E.1p~rience Ov.:r 32 years of experience u a civil trial lawyer specializing in ao'VCClliimt; . ' ··· 3dmmistrative, and business conttact law including signiiic:u,t exp:ri~ in the prac::ice trf arbi11at1on, mediation, md other forms of altmlative dispute resolution. ~ a municipill attorney,· parti~ in the constt,.!Ctlc...-:1 management u:· major ~iet.'1:1 inc!Uliinj perfurming UIS c::nt:r; Dot Cent:r, m:rcation taciliti-:s; am,urt i:mprov,m,cnlS; iJDd Wastc'?."Uer, nmportati.on, md watcrnys. Familiar with di.~ re!ating to di.."'fering ate conditions; dAilPl defect.; ;bc.ge ,. arde."'S; .umy bonds; md munic:'-.pal, itate, and fcck:nl comnict !aw. PuSIC5ses consilk:rable · govermnent experience, including ne-'°tiationa with .P.:dcral and sm, :iuvemmrnt aaau:i~ in 1:1J11Dectiqn with the conmuction of public buildinp. WISleWam and wmr ueatmmt faciJjties, 1r.msit systam, and ai:ports. Adjlllict Profe:sacr ofl.aw at bps Uni~ in Dcim:r, Colorado.--_. · A.-bittatm" since .t980. ~ panelist t"qr-:he Amci,;:m • .\rbiuaticm ~.man 1111d the Federal : ·. ·. Mediation and C011ciliation Sc.-Jice, has engaged in the practice of labor, commcr.:iai, md .:onstrw:tion arbitration, mediation, ~ other alternative dispute resolution. Cliems include numerous public and private entities throughout the nation. ~e in mediarin1 or arbitrating cases involving arbitrability, conlr.lCt interpmation, delays. dcsilPJ. defffll. product liability, n:medies, md many other issues. Issues · Arbitrability, benefits, contract interpretation, discbarp. discipline, diJc:rimination, external \aw, grievance procedure, job assisamcms. job classification, pay, seniority, subcontractma Out, tenure issues (higher c:duc:u:ion), timeliness. Industries EntcrtwlJ?lmt. government (fedc:al, state and local), arocery, higher education, meat packing, mining, oil :ind gas, postal. professional sports, public utilities, retail, schools, steel, lelephone, transportation. Work History President, DiF:ilco Corpor:ition, 1980-pn:sem; Owuer, Iolm P. Difalco & Associates, P .C., 1987-present; City Aaomey, City of Greeley, 1980-87; ChiefNqotiator/Labol' Relations Attorney, City/County of Denver, 1977--80: Reanna E.T1miner, U.S. Poal Service, 1972- i7; Attorney :ind L:ibor Relations Specwist, 19i2-77; Aaomey, Real Esme mi Proc:urmimt; Gmc:ral Counsel, U.S. Postal 5.:rvice . Joltn !'. DiFuJco. Es9. 2-1669 t • • • • • Educ:ition Ohio State University (BA-1965; JD-1968); University ofNorthem Colorado (MA- 1986). Professional Associations American Bar Association (Committee on Public Employee Bargainin&); Colorado Bar Association (Labor Law Section); Federal Bar Association (Public Sector Labor Relations Committee; Arbitration Committee; Office Manapmau Committee); Indumial Relations Research Association; Phi Delta Phi Intcmational Lepl Fraternity; Inu:rnational Pwform Association; Society for Professionals in Dispute R.esolution. Professional Licenses Admitted to the Bar: Ohio, 1968; Colorado, 1972; District of Columbia, 1987; U.S. District Court: District of Colorado; U.S. Court of Appeals: Tenth md Federal (1986) Circuits; U .S. Supreme Court. !ublicatim1s and Spe11king Engagements ~ New Ethics R.qulatiom-C~ ;Erfl.iely to ~e Chanacd," POSTMASTER'S ADVOCATE, Mar.:h 1991; "Sr.xual H.."lUsmcnt " Revisited.," POSTMASTER'S ADVC'.C>.TE, May/Jur:i: 1989; "Supreme Ccurt Permits Cfficc. · . Searches of Public Employee:?," PCSTMASTER.'S AD_VOCATE., Der.ember 198i; "Twenty r,ulcs · · Ibr Effective Meanmiir.11 Barpining." P'.)STMASTER.'S ADVO<'..Al'E, Ai1aust 1987; '"Cmldren aa .· Nqotiaton: ls Thein an Acquired er Inherited Trait?" POSThlASTER'S ADVOCATE, J~ 1987; . "The Law and Policy on Sexual Hmusmmt," NATIONAL LEAGUE OF ClTIES, 198-+; "C>Uec:m, Barpmjn&," NEW ENGLAND MUNICIPALITIES~ 1'982, 'reprinted, NIMLO LAW DOl:ll"l', , 1983, ~WASHINGTON ASSOCIATION OF CITIES, 1983; "Nqotiaticm Impuae l'lmmm1," OKLAHOMAMUNICil'ALil'IES, 1981; "Municipal Strike Plmnin1," COLOllADO 'M1JNI ALITIES, 1980; SUPER.VISOR'S GUIDE 1'0 DISCIPLINE., 1979, revised 1985; . "Management Negotiators: A New Breed," NATION'S CITIES, May 1978; "Riahrs of Crimmala While fnc:i:cc:ratcd." OlilO STATE UNIVERSITY LAW JOURNAL, 1978; DISCIPI.n-l"E A.~ GRIEVANCE HANDLING, 1973 , revised 1986. Alternative Dispute Resolution Training Basic AAA Arbitrator Training. Denver; AAA Advanced Arbitrator Trainin&, New Y orlc. . Compensation S800 .00 Per Day . PD chgd for each d:Ly ofhcarini, considcr.uion of evidence, and prep of award. Cancel fee: w/in 14 days-1 day for e:ICh sched day; s.ioo/scbed day if w/in 15-30 days prior to the sched bc:lrin1 dale. If postponed-rcscbcduled w/in 14 d:Ly period and then w/drawn or settled, cane. fee applies. Doclmtin1 fee: SS0 .00. Langu:iges Italian Cit ize nship Uoited St:ltCS of America Locale Fon Collins. CO John P. D1'Falco. £,If. ZJ/169 ' ... .. , .. , • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: October 1 7, 2005 .:.,,llciv ' Motion ~ntlng a Hearing Officer, Initiated By: Staff Source: Human Resources Sue Eaton, Director of Human Resources RECOMMENDED ACTION The staff recommends the Englewood City Council appoint:, by motion, a hearing officer for a disciplinary appeal filed by Joshua Cure. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED ~ Per the City of Englewood Administrative Policy Manual, Human Resources Policy No. 24, when a request for a hearing before a Hearing Officer in connection with a disciplinary appeal is filed with the City Clerk, the City Council will appoint a Hearing Officer from the panel appointed to hear the appeal. LIST OF ATTACHMENTS Appeal Request Resumes of Potential Hearing Officers • • , 09/30/200~1U .151.U ".~ 30313110,1 ... 8rllDo, a~11no • Coliia, ~--· . (I00~.[00.I ..... LA'IV GnlCSI BRUNO, Bllmf() & COLIN, P.C. Low:riabia A. Ellis, City Chdt City Cledt'1 Oflioe Englewood Civic Ccmtcr -3rd F1oor 1000 :Englewood Petway &glewood, CO 80110-2373 : lllffS • ., . . OIU<ff,c CllffDtL.V.4 .. . aa laOAD'IVAY DDMa, ccx.oa~ IIIIWlo· -· ~ .PIJ>Dl0 .11,, . WAlri CID) 131-1- S~30,1005 RE: QOfcrrJ«tvQrm RECEIVED · CITY OF ENGLEWOOD, co SEP 3 O 2005 ;.1 OFFICE OF · THE CITY CLERK Appeal ad Requn hr Beadq • RftNw ofDlldpllurJ Aedoa Ou Jllle No. 12027 DearClerk: Please be adviaed 1bat tbil of6co aep.wm Ofllctr 10llma Cure ill o ·~ with bis appeal of tmnination. Ill tbil ~ pleue find . llllC'°'8d fiir fDma ID APPLU. AND REQUEST POR IDCAIUNG ON' REVIEW OF DISCll'LINAllY ACl'ION pupnd cm bil bdwl Thank you for your IUmtion md enimaoe iD tbia maaer. Vwy tauly youn, /ley F.nclosure cc: Joabua Cure Chris Ollan, DirecCm of Safity Scnioel Gary Sean, City Mmapr Martin Sanple, Blq. BR.~UNO~UN,P.C. ClrOI, Alllliaant 1 • t • • ·• • • _ · 09/30/2005 .. Pill 15: 17 PU 3038311088 ar1.1no, aruno • C~lin, PC . n {.j ( BEFORE THE BEAR1NGOFF1CER, CITY OP ENGLEWOOD, STATE OF COLORADO ( APPEAL AND REQUEST FOR HEARING ON REVIEW OF DISCIPLINARY ACTION IN RE THE MA'ITER OF: omCER JOSHUA CURE MEMBER. OF TD CLASSD'IED SERVICE OF THE ENGLEWOOD POLICE DEPARTMENT, DEPARTMENT OF SAJl'JCTY SERVICES, CITY OF ENGLEWOOD, Appellaat. COMBS NOW, tbe.Appellanl aboveumecl. amembcroftbe ClulifiedServiceofdlePolioe DepartmcatoftbeCityofBDglewood,byhiaattomeys,BRUNO,BRUNO&COUN,P.C.,byDavid J. Bnmo, and pUl'IUUlt to and in IICCOldmce wilh City ofEaglc,wood Adminilbative Policy No. 24, Disciplinlly Appeals, respect1Wlyappeala andn,quaa a review by a Hearing Officer, u appointed bytbcCityCoum:il,ofaNoticeofTeaninationdatedSeptember28,200S,aillaeclbyCll'ia0boa. Oin,ctor of Safety Servicea, and by virtue of wbidi the AppeDaat was tmrriueted from bia employmeatpoaitionasmofficcrwitbtboClaaifiedScrviccoflbcBllglewoodPolicoDeputmalt. and AS GROUNDS THEREFOR WOULD SHOW: 1. Ai all timea patinmthcmo, cbe AppoDmt bmllin was and ia a full-time. pennant, classified cmployw of the City of Bqlewood and a member of the Claaified Servioo of the P4lewood Police Department. 2. Ai all timel peniDmt benm, the Rllpondmt, Oma Ol9oa, WU and ii tho duly appointed,autborized,andanpowaedDincaofSafetyServiceland1FPOi•4ioaauibaritymdw acting iD suc:h capacity in tbe iaum:e cm SepladJca 28, 2005, of a NoCice ofTS'lllimDan JIIClfflld by Appcllaat on that date byway ofpcncaal laVice. 3. At all times pcrtiDmt bcftlllo, Gay Sean, WU and is tho dllly appoiated, aalbomod. and cmpowtnd City Mwpr of the City of &pwoocl and is tho desipeeed llOIIJ aDllem wilh burdm of proof in connection with the wi1hin maa.punaaat to City ofBap,woodA6111inilbalive Policy No. 24. 4. P\lmrmt to the abow Notice ofTlnlUDllltioa. tbe.AppeUant ... WU dapd wi1b specific violationa oftbo foUowiDa IOCtima of the police divilion'a Code o{Caadul,t and the City's Administnilive Procedure Mmual: Violalica oflt.ula ConfonDlnoe lo Laws Uae of Depmun,mt J!quipaad ' .. ,, • • ·• • Ot/30/2005 Pill 15117 PAX 3038311081 8rw,o, •r~DO • Colin, PC Operation of Motor V ebiclca Trutbfwness Adminiltntive Policy #2S(b) Adminiltntive Policy #25G) Administrative Policy #2S(k) 0 0 1100~(.!~---·· . A true and com,ct copy of llllCb.Notice ofTmmination is attldlecl hseto, made a part hm,of ml incOJporated hen:in by n:fcrem:e and desipued u Appellant's Enlblt A. S. . On or about September 21, 2005, a pre-cliaciplinary meetiDa wa bald before Respondent Director of Safety Services in connection with 1be sabject allepdom and lhe inveatigation of the underlying incident. 6. Following this plHilciplinary meetq Rmpondeat Director of Safety Sarvicel ilsued a Notice ofTermmatioo which WU pcnonally ..-vecl OD Appollaat md by viduo ofwbicb the .Appe11am baein WU terminalcd DQll1 his employment position U ID offiocr with 1be Claaifted Service oflbe Buglewood Police Depar1mait. 7. The above desi111ated Notice ofTcmriNlian ii not supported by a pnpcmdennce of the evidence, is unlawful ml comtitutos Ill ubitrmy IDd capricious abalo of dilcrelioD Oil behalf of the Relpoadcmt Dinictor of Safety Service& llld/or Reapondeut City M.mager. In thia roprd, the following ii offind u grounds for tbo within appeal: L The temmudicm impoal OD the AppeDant U b,nin more apeci.ficaDy deacribed was 1111fouaded md 'llllllllppQl1e in tbolo &otl etic:ited a the IIIIUII oftheintmlalinwltiptionmlinlhepre-cmciplinayJDDlliDsint>11rection with tbe withinmaner. 1n am l'Opl'd, 111e &c1a ofthewitbin11111m, li0plba' witblbemifiptinacia.:uwmaoasreWtotbosubjectincidmr,dmw:wilCnde that none of lbe ofl'm.-irpeciflod are pnlClll. Aa IUCb. tbn CIIICiala no j1llt or ieuonable ca110 tiJr diaciplimry actioo lpimt 1be Appe0,ut md tbo within tmninlliCIII is iD vioJatioa of City of Bnp,wood Admilliltnliw Policies CODCCIDDII admiDiltntioo of dilcipline. b. The tannination impoaod OD the Appellant U berein above more apec:i&:ally descn1,od CODllitub I pamt)' di.lplOpClltiom to the Mioalnlll of tbo ofl'eme a11epcl llld/or the CD'allllltaDcel ...i.cl to the ldUDDD 111111 ii inapproprua, ~ md excwive IO a to be paitm nibs tbaa corrective in mtare u mcb. ia violalive of tbo City's policy of UCIIHdiwe discipline flOIJ/or trainina in lieu of diacipJme. c . lbe tmmination impoNd cm the Appel)aat 1111ereilllboft 1111ft apeci6::aDy dc8cnl,ed ii ~oaate in CIOIDplriaaa to violltioaof o6a'_,,_of the &,lcwoocl Police Dlpar1mmr .... aimillrCUC/tllDIIIOl• IDd ..... 2 ' .. .. • • ,, : ~ f If I 0 • I po s ~, 0 r 'lf'«:j . n. i· r ii t 9 s p l1;~ 1r~11J, ~ p ~ I e· I Jif! iff!lff.l i!J;i (Jif( rjfff ft';f(I w .. ,i..-1 (J~o . · Jf ft( 'Ii~ 1 Its! l J. r l 11 -(tr ·r l _ .~ti I 'tf. U1r f 1 _!1 ihi1 :: 1!11,1 ,f.~t ~'~' 1~!1111·~1 1,i 'iillt lf}'a !Ii! rl!i! , Ii !f! l1lilr ~1!! 'ill ll~J ~JJr. it. __ - •. ··~ .. ' • .. .. ... .... ... 0 .... .. .. 0 UI ... z= ... ~ ... -... t ... • ... -... 1::: .• I• '• i 'If j If g • g ... p t'l I' , . .... .... 1: .. U/30/2005 I'll 151 ll PAI 3031311011 •runo, •runo • Colin. l'C BRUNO, BltUNO & COUN, P.C. <=) .. p DmclJ. Bnmo, 1560 Blwdway, Saite 1099 Dmvw, Colaado 80202-5143 Tehpllaae: (303)831-1099 ~for Applll/ll,rt • ;e;ca •flCAD or m:vu:;s I blnby certify dlat a true al ocmc:t copy of1be fi:naoinl APRAL AND RSQtJa'I' Jl'OR BEARING ON UVDW OJ' DJ8aPLINARY ACl'ION w clelit&ed byPlaoiDl lhe same in 1be US Maill. pomp inpaid, m the 30lh clay of s-,.m,,-, 2005, ..ckk • e II flD die folknring: Ollil OIIOll Dir9*r ofSa&lty Semcea Otyof ... FTDOCI 1000 Bnpwaod Padtway BDpwood, CO IOJ 10 a.ys.n City ...... CilyofBllpwood 1000 Blpwaod Pllkway Bapwood, CO 80110 Matin 5-ple, Blq. 1320 LmcolD Stl.t Saile 1308 Dmwr. co IOl03 ~-~~ \ t t • • . Ot /30/2005 PllI 15111 PAZ 3031311011 aruoo, 8rUDO • ColiD, PC (. MEIQRANDUII TO: Ollcar Joltul Cura FROM: ar.ca-Ollan DATE: Sllpartla 28. 2006 S\JB.EICT: Naloe afT•u•.alan 0 0 On.U,1&,2005. .............................. , ........ . dltvq an._ J*lof• polca Clllclr ..... a IIIIIIIICI pGlae 111111....., hlgh'*ofapeed_.. no had..,._ ,,_._......., .. ._ .......... .. .. pCllloe OIi'. """'" ..... by ....... ,au cllnlad -··· • d .. inddlnt. • A• ..... wti111 _..011ldlli....._yau• ........... ._. Yau._ •nilad"cfrMIVon 8Dclll ar.dullr,'llalPNd_. • ..... othpClllld apad ............ Nlll*ad t1 ... ... lheln.: ,.._, ............... t11t,... ... nat ..... fn,cu n11PD11111D .. arfllnal-.awilarar ... lnl I ,.._ ~tiamEt I • ._ ~.olA&a ClaaA~ Canbl,iii.ce ID.__ ClallA "'*9all U.. ol Dlp8ftl1.n &qufcinad Opaaloe, of lbal'V...... TflllllllfnNa Adin11 ..... Paler 1125 (b) Adn*M .. • PolcyG5 CD Adi, ....... Paior-(lc) ' .. .. • • Ot/30/2005 PU 151 U PU 3031311011 llrv,Do, llrUDO , Colin, ~ Dlaq YIU'blllf ....... tiaU611J11ilzlllollWUII ,-,~.,_..,....,. ..... dm1..-.a11anad,_bNn..,.dldlandlllr.._...._ 1h11 ..... ..::,undnldenllnwtllcb ............. -................. ...... for., act d rallconduci. Yauhav.lllacltc,hNd.__, ................. ~ ........... d . -~aa1oa1111..-.., .... JDU1111t ........... d.._. .... be ln.-ed b"Mln ac:lldpoarplu.1•.tor,......ddepa•,..~: 8aleclan ........... dNe.,..•_.•,._,_., .. __.d ......_,._noalla' a,, .... 1a1tt11111••,_.. .. ....,..11w111111 ~o1e.-11:1ad D1t,11111.-d9""'8'nllaa ............. , tr. :ow• ........ In Yourlfilllll•••••tt...-allla....,.. fflllJbeblnd .... M8*iilll:llluc PC111aJ Malmll. •2it. • tl/f/lallllhlah II Mr hldti,1111 nalm fl .......... -"'"l~~J ... : .. t • • • ( ·• • • BENNm S. Al3Z!IUZG IESU1itE n t \ ~ r-J-- ':1 .... t.n, Ofl!=s ct'Bcmc:: s. Aisc:l.be:t. ,.~ Dl=llr, Citmdo, 191D -JllllmS Pm:i~ G:sw:!:. Xqis. ~ Wlim mdQmlc.1:cMr. C:dmda, 199 -191D LL..! .. Hamm I.aw !c!loal. 19!' U.S. -~, l9S -19:i ~ 3rcw: O'~ C!llb cti C.-:do, t96i' -!.970 P:.icw, E=v1:'1i t..n, Sc::cai ,.lffrivim r4 O::lcnlo, 1914-191! Ac::::::: !:Ii~~ C;icr..do u:21 u.~ >. ssa:-•can, !cam~ !.ffl • 1914, P=i,,_ 1914 -19C t..=:::z=. ~Tel~ .-lsm±rnn 1973-psa T::al. ~ !er P".clil: Iastic:. !rm O · , ti (CalcadaJ Founcq ~-P,,..:ilc !mm::~ 1m==cam1 Scc::y al31r::szs C::u!c:mm as a 011 ~~:-fc:::al!GIII! afTml~, 15114 .1994 C:lcndo !a: ~·rion • C:&.pCCG. tzm:" & • ,, C 1111¥ tr.I• 19IO; Cm::es:n. -~ ~ Pembmnn Omnine:aa.~ lffl- 191C: !=cs C ·,w l9l6 • ps=c:I: Amic:la 0-0 4 P 1991 • 19M T=:-.=c:=r. !er::. t!am::icy af!)~. Sc!:aal af!.a. 19d1 • lMJ . Im::-...c:::r, R::1 E== ~. Uaivc:ity ~ Clic:zadD !m:mm Sc!1m1. lMO • 191D ' • • JI HK !fldrml l'adlale ftlr'?ml Adasp, J9C • J9IO Am:a::mBladarnill Adl!IJ!Mlilllll:::11111 .... .....t-..lAI , -.. -_,, • e 1 •-, ... , , t-· 4-·-1 • .?.::.c-I .:..i--,-' ·--f p IP 7W • ,mam;-1 -.-S JIM• JJa ta1:1r Aii*mr.l'ldlal Yerl_,,_ mlCC I S.0- • • UStnd or ICYOLO J. cam 232! west 72nd Avenue Denver, c:alarad.a 10221 (303) 427-7584 Juris ecc+-..or De«;rH tJniversity of Denver J'Wl•, 1968 Acmitted by Colorado Suprema ccurt October, 1958 Admitted by United Sta.tu Dir...rict court oc+-..ober, 1968 Admittec by United states c:aurt at ippe&ls Ha:c!l, 19 71 lemittad. by United States Supreme c:aurt Karch, 1972 General Legal Experience: Sta.:f:f Attor:iey Denver Legal Aid Societ"/ -1969 Associate Attorney Berger, llct!lstai.11 & c..hler Attc:rneys at Law eommerc• City, co -1970-1972 Partner ~c & Cci:.e: Atto:ceys at Lav commerca City, co. -1972-1982 so l e Prac+-..itione: a.anald Cohen, At";or:iey at Law Denver, co -1982 to present IJl.micipal a.nd Governmental L.gal l:Zperience: Assistant CoU!lty Attorney Aca!IIS count-/, c~ -1g10-197l ' • • Assistant City Attorney and tra•ec:atinq Attarney ccmmerce City, co -1970-1982 nosecuting Attooey 1ort1:1qlenn, co -1!70-1972 Assistant City Attorney and tra•ec:atiDq Attar.19Y Brighten, co -1972-1982 City At-:ar.:iey ~ayette, co 1975-1990 t.eqal Advisor career sertice caaission cammerc• City, co 1982 tc prHent Bea.ring Officer ca.r-r service commerce City, co 1992 tc present JUdici&l 1zperie11ce: P:esid.illg Jwiqe Hor-,..b.qlemi, co -1982 tc pruent P:esiding Juc.q• receral Eeiqhts, co -1982-1990 Presiding Juc!qe commerce City, co -1987 to present ICM" a~ st:atin Lav Judi;• Adams count"/~ co -1988 tc 19H . Jlearinqs: bta: $100 per lloar Contact American Arbitration Association 8795 N. ?aim Avenue 2nd Floer Franc, CA 93704 tlllephane: 177-~IIO l'acalmile: ~1919 Labor Puel John P. DiFalco, Esq. C11rrent Employer-Tide DiFalco Corporation-President; Jolm P. DiFalco & Assoc:ims, P.C.-Owm:r Occupation A11mncy, Arbitrator . E.tp~rience Ovc:r 32 years of c:xpcrieace as a civil trial lawyer specializina in aova::mian; . ' ,· ~ and business coan:t law inc!udina signifir:n:,t e:iq:crim in the prac:ice of arbitrattcm, mediaucm, and otbc:r forms of altm:ative dispUle resolution. M a rmmici1:lill lZ!Dmlly, · pr.icipai:ed in the con.stt'IJCtlt.":1 ~ o:· major pm.ieca includ.inj per~ :!r1S c:nt:r; · mor ccm::r; teermion 1:ici1ities; ain,c,n ~ md waslnUm', iramporlatioa, md wm:rnys. Familiar with di.cput:s r:;!a:ang to di.-m-..na :ite conditioaa; dt:.i111 de!ec:ti; :hl:l&e '· arden; mmy bonds; md iJDIDW.pal. ,tate, and fedaal .:omrxt !.aw. PuSICSses consi&lcra.ble · p>VeHWeut ~cnce, includiq Deac,tiatiom wi1h federal and SIii!: JOVenm.tUt 3l'CDCies in cnanection with the consirw:ti0!1 of public buildmp. 1'Ul8Wala' md wmr lleatmmt licilities, ttmsit sys=m, md ai:ponl. AdjUDCt Proti::sscr ofI.aw 11 Kqis U~ in Dam:r, Colanido.--: : Arbi:mmt" since t980. M pmi:list :vr :be Amci~ .~Oil ~ and the Fcdlnl : ·. ·. Mediation and Cum:iliation Se.-,ice, bas mppd in tbe ;nct:ica of1abcr, ~;ial, md ;msttuctian arbitration, mediation, md ocher altemalm dispum resolution. Cliam include 1D1m1:rOUS public and private entities throup>1.11 the 1WW11. Expcrim:e in armann1 er arbi1rm111 cues izm>lvin1 arbitrability, Conlr.lCt izna'preul:icm, delays. dcsiF defec:ts, prodm:t liability, n:medies, and many ocher issues. lss u es · Arbitr.lbility. bc:ncfits, conlr.let interprmrion. disclmp:. disciplme. dilc:rimination, c:m:mal law, grievance procedure, j ob :wiamm:ms, job clusiflcauaa, pay, !ICDiarity, subccmtnctizis · our. tmuie issues (hip eduction), timeliness. Industries Entert:linm&:nr. govrmmcnt (fedc:'al, sme md local), srocc:Y, hip:r educatiaa. aac packina. mimna, oil :md ps. postal. professional sportS, public utilities, mail, schools. -1, lle!ephone, trmsport:llion. ' Work History Presidct, OtF:ilco Corpomion, 1980-prescm; Owucr. Jolm P. Difalco A ~.ates, P.C., 1987-presc:it: City Attorney, City of<me!ey, 1980-8i; Chief~qoaamr/Labar Relations Attorney, City/County ofDenve:-, 19i7-80: He:iriDa Ewzrincr. U.S . Pom15cmce. 1972- n; Attorney md ubor Relations Specialist. 19i2-7i; .~. Ral Esme md Proc:uranmt; GcnCrill Counsel, U.S. Postu Savice. J•lut I-. D1F.uc11. Eslf. J.166' • • Education Ohio State Univcsity (BA-1965; JD-1968); UniV1:l'Sity ofNortb=D Colorado (MA- 1986). Professional Associations Ammc:an Bar Association (Committee cm Pablic Employee Barp.imna); Colorado Bar Association (Labor Law Scc:tian); Fedaral Bar Aaoc:iatinn (Pablic Sec1lr Labor R.elatians Committee; Arbitr.ltion Committee; Office Mana.,...,,,.i Cornrnit!l!e); mdas1:rial llelatiom R.csarch Association; Phi Delta Phi Tml:maticmal Lepl Fmmity; Jntematicmal PJalfmm . Association; Society for Professionals in Dispute R.esolU1:ion. Professional Licenses Admitted to the Bar. Ohio, 1968; Colorado, 1972; I>istric:t of Columbia, 1987; U.S. I>istric:t Court, District of Colorado; U.S. Court of~ Temh md Federal (1986) Circ:ui1s; U.S. Supreme Court. .... , .... !>ublic2tim1s and Spesking Engagements "T&1eNewEthicaRqulati~-C~:. :,·, mifI.m:ly tc :iJe Chmaed," POSTMASTER'S ADVOCATE, Mar-..h 1991; "Saual H:rasml=t .. ~-p!'.;STMASTEJ:l'S ,\DVC'r .. >.TE, May/J'm:: r989; "Supmm Ccur. Permi1s Cfficc. · .. . SeartjJa of Public Employ=i, ~ P"wSTMASTEll'S AD_VOCATE, Oe,:ember 1987; "T'IRltty !'Jiles ,, . .... .. · · mt Effective Memi:iqr.:l Barpmmif." P'.)STM.o\S'!Elt'S ADVO('.Al'E, Aqua 1987; "Cnldrm u . · Nqotiatm!: la Tbr:irs an Acquired er mhmimd Trmt?· 'POSThfASTER'S ADVOCATE. nme 1987; . 9l'lM: Law and Policy on Sexual Haruainmt," NATIONAL LEAGUE OF CmES, 1914; '"C@Dec:i'ft Bcpium&." NEW ENGLAND MUNICJPALil'IES".-!982, n=primed. NIMLO LAW DCl:lCE!, • 1983, am! WASHINGTON ASSOCIATION OF ClTIES, 1983; '"Nqotiatim J:mpasle l'lz:mm&," OKLAHOMA MUNICil)AII11ES, 1981; ~ Strm P11mm1a," COLORADO . .-MUNICIPALITIES, 1980; SUPERVJSOR.'S GUIDE 1'0 DISCIPLINE. 1979, rmsed 1985; ., "Manapmcm Nqotiarors: A New Bn:ed.," NATION'S CII'IES, May 1978; "Ripa ofCrimimll While lnc:lrc:emred," omo STATE UNIVERSIIYLAW JOURNAL, 1978; DISCIPLINE A."'U> GRIEVANCE HANDLING, 1973, reyised 1986. Alternative Dispute Resolution Training Basic AAAArbiuatorT~ Dc::M:r; AAA Advanced Arbi.ntm Tramina, New York. . Compensation $800 .00 Pe:-D11y PD c:hjd for each day ofh=rin1, considcruion of evide:ice., md pn:p of award. Caac:l fee: w(m 14 days-1 day for each sched day; $400/scbed day ifw/in 15-30 days prior ID the sc!:ed harins dam. If postponed-rescbcduled w/in14 day period md then w /dr.lwn or semed, cmic. fee applies. DodmiDa fee: 550 .00 . Languages Italian Citizenship United Stites of Ameria loc:ale Fort Co llins. co /MUI 1 . DiFrw:o. E,q. uu, .,. . . , t .. ( .. • • R.6SOLUTION NO. SERIES OF 2005 A kESOLUTION EST ABIJSRINO 11tE ANNUAL SALAllY FOil 11tE QTY MANAOl!ll OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council for the City of Englewood, by Section 49 of the Englewood Home Rule Charter, bas the rcspomibility of establishing the salary for the City Manager; and WHEREAS, City Council reviewed the performance of the City Manager; and WHEREAS, the City annually reviews salaries for all employees and makes adjustmenll to reflect market salary levels; and WHEREAS, the City Council bas determined that the salary of the City Manager shall be adjusted to reflect market salary levels of City Managers in the Denver Metro Area; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-The annual base pay for the City Manager shall be $150,000 commencing November I, 2005. ADOPTED AND APPROVED this .17th day of October, 2005 . AITEST: Douglas Garrett, Mayor Loucrishia A . Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2005 . Loucrishia A. Ellis, City Clerk RESOLUTION NO . SERIES OF 2005 A RESOLUTION ESTABUSHINO THE ANNUAL SALAllY POil THE CTlY ATTORNEY OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council, by Section 64 of the Enalewood Home Rule Charter, has the responsibility of appointing and establishing compensation of the City Attorney; and WHEREAS, City Council reviewed the performance of the City Attorney; and WHEREAS, the City annually reviews salaries for all employees and mikes adjustments to reflect market salary levels; and WHEREAS, the City Council has determined dw the salary of the City Attorney shall be adjusted to reflect market salary levels of City Attorneys in the Denver Metro Area; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CTlY OF ENGLEWOOD, COLORADO, THAT : ~-The annual base pay for the City Attorney shall be $137,500 COIDIDeDCing November I, 2005. ADOPTED AND APPROVED this I.,. day of October, 2005 . ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2005 . Loucrilhia A. Ellis , City Clerk RESOLUTION NO. SERIES OF 2005 A RESOLUTION ESTABLISIUNG THE ANNUAL SALARY FOR THE MUNICIPAL COURT JUDGE OF THE CITY OF ENGLEWOOD, COLORADO. WHEREA:'. the City Council, by Section 68 of the Englewood Home Rule Charter, bas the responsibility of establishing the salary for the Municipal Court Judge; and WHEREAS, City Council reviewed the performance of the Municipal Court Judge; and WHEREAS, the City annually reviews salaries for all employees and makes adjustments to reflect market salary levels; and WHEREAS, the City Council bas determined that the salary of the Municipal Court Judge shall be adjusted to reflect market salary levels of Municipal Court Judges in the Denver Metro Area; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. The annual salary for the Municipal Court Judge shall be $110,000 commencing November I, 2005 . ADOPTED AND APPROVED this 11"' day of October, 2005. ATIEST: Douglas Ganett, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No._, Series of 2005 . Loucrishia A . Ellis, City Clerk 12 b iii t .. • • ( ( { ·• • 1. Call to order __ _,.p.m. 2. Invocation _ _; ___ _ 3. Pledge of Allegiance ___ _ 4. Roll call Members: • \ I l I =--j r·---. .i I \ I I 1. ___ _./ a~ ... ,~ t:PtJ "'lY 10 II z , __ __,absent 5 . COUNCIL · MNllng WOllllng - I !- • • • Message Jeanne Kelly From: Lou Ellis Sent: Wednesday, October 19, 2005 9:17 AM To: Jeanne Kelly Subject: FW : This info is for the minutes. ----Original Message----- From: Vicky Younkin Sent: Wednesday, October 19, 2005 8:10 AM To: Lou Ellis Subject: Lou, Sorry I didn't get back to you-I got detained then forgot! Clowns went: Gnlg W.W., Brian Baker Thanks 10/19/2005 Page 1 of 1 .· .. . ,• • t • C T y 0 F ENGLEWOOD 2005 Fire Prevention Poster Contest Winners Cherrelyn Elementary 1 "1 Place Anna Schultz 2nd Place Jerome Doherty 3ro Place Tara Eastwood Bishop Elementary 1•1 Place Annastasia Galvan 2nd Place Nicole Mendoza 3rd Place Kaylie Johnson Charles Hay 1•1 Place 2nd Place 3rd Place Kyndon Tarter Mikaela Long Sage Sherman Maddox Elementary 1 •1 Place Tamara Comins 2nd Place Brittany Hall 3rd Place Caitlin Rasmussen St Louis Elementary 1 •1 Place Kristina Greatorex 2nd Place Katie White 3rd Place Jade Cafasso All Souls Elementary 1 •1 Place Carly Buchler 2nd Place Melissa Brunkala 3 rd Place Josh Hamburg Judges this year: Mayor Pro Tern Olga Wolosyn Council Person Beverly Bradshaw A.J . Guanella , Vice President Burt Chevrolet Deborah Garrity , Director of Marketing Phone 303-7 62-:?300 t .,.. .. • • Message Jeanne Kelly From: Lou Ellis Sent: Wednesday, October 19, 2005 9 :18 AM To: Jeanne Kelly Subject: FW : Poster Contest winners Again , for the minutes ... -----Original Message----- From: Ben Greene Sent: Wednesday, October 19, 2005 8:28 AM To: Lou Ellis Subject: RE: Poster Contest winners 1st $ 25.00 2nd $15.00 3rd $ 10.00 Page 1 of I I wish they had these prizes when I was a kid . I might have made an effort to actually pay attention. Gosh only know, I could have become someone important, such as a City Clerk. Ben ----Original Message----- From: Lou Ellis Sant: Tuesday, October 18, 2005 2:58 PM To: Ben Greene Subject: Poster Contest winners Ben. What went the cash prize amounts? 10 '19'2005 ' -~ ..• • • ( 1. 2. 3. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, October 17, 2005 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. '7 ;3 3r Invoca tion .~ Pledge of Allegiance. a. Presentation of Colors by Cub Scout Troup 172 . 4. RollC.11 . tlit ~ 5. Consideration of Minutes of Previous Session . (J Minutes from th e Regular City Council meeting of October 3, 2005 . 6 . Recognition of Sched ul ed Public Comment. (P lease limit your presentation to ten a. Eric Bertoluzzi will discuss the Englewood Arts Agreement. 7. Rec ognition of Unscheduled Public Comment. (P lease limit your presentation to five minutes. Time for unscheduled public commen t ma be Ii ited to 45 minutes and if limi ted shall be 3 / '7 ,;-;tt~u~Jftit~LI D~tff-l - 8 . ommun icaiions, Proclamations, an Appointments. fl.t,Jp-,cfroclamation declaring October 20£~a~~Mee t the Blind Month# as sponsored by the v'lfU ~ ~ational Federa tion of th e Blind . W ~ ~.:.OProclamation dcclar~ the week of October 17 · 21 , 2005 as Fire Prev en ti on ~ Pl ea e no1e: If you have a d1 ab1ltl)• and need au)llltary aids or s ~•ces, please notify the City Engl-ood (303-762-24 07) at lea t 48 hou rs in am.ance of when services .ire needed. Thank ou . ' .. .. • • - • D Eng lewood City Council Agenda October 1 7, 2005 Page 2 c. Recognition of the Fire Prevention Week Student Poster Contest Winners. d. Recess for a brief Reception in the Com~lJ!}i~~or ~he Fire Prevention Week Stud ent PosterContestW~~ 9 . Consent Agend a Items . a. App~rdinances on First Reading . b. Approval of Ordinances on Second Reading. 02,~ 1# i. Council Bill No. 41, amending sections of the Englewood Municipal Code pertaining to Alcoholic Beverages . (hd:/1: ~ rnJ:/1-IJfe_ iii. (NI if;, (!M!-Jt Council Bill No. 42, approving the purchase of property at 2394 West Wesley Avenue. Council Bill No. 48, granting three utility easements to Public Service Company of Colorado for installation of new gas mains at 2900 S. Platte River Drive. Council Bill No. 49, amending Title 5 of the Englewood Municipal Code pertaining to Arborist Licenses. Council Bill No. 50, as amended, amending sections of the Englewood Municipal Code pertaining to unpaid sales taxes. c. Resolutions and Motions. £7 10. Public H eari ng Items . (No Public Hearing Scheduled .) p 1 I . Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. i. Council Bill No. 53 -Recommendation from the Department of Finance and ';ll;dmini strative Services to adop t a Bill for an Ordinance amending the Englewood Y)_-7) Municipal Code pertaining to Massage Therapy Licensing. STAFF SOURfl: _. JA~~~ ) '/·· V Frank Gryglewicz, Director of Finance and Administrative Services. ~ ( ,, l /1 i. Co un cil Bill No. 5,L Recommendation from th e Department of Finance and ().I j ):a'm,nis tra ti ve Services to adopt a Bill for an Ordinance establi shing the [ngle~ ood nicipal Code pertaining to Reflexology Licensing. STAF! ~~~ A 7ftJ -k Gryglewi , . ctor of Finance and Adminis~r•tive Servkes.{A J6X,Uf ~i,-... Plea e no te If )OU ha ,e a d1SJb1hty and need auXJhary aids or sel'\<1 es, please nobly the City of Englewood t)0)-"'62 -240-) at le.i t 48 hours m ad\ance of when sen ices are needed. Thank ou. ' .. .. • • ( Englewood City Coun ci l Agenda October 1 7, 2005 Page 3 b . Appr~..9;5ances on Second Reading . • ,,..,W ~ fJll~ fl i. l!u~cil Bill No. 43 , approving the 2005 Mill Levy for colllt;fo: ;006. -. 4,1,11..L,. .... ) O?Jli-J;l} ii. ~unf{~ing the 2006 Budget for the City of Englewoo~ ~ SJ__ i~.YJfil~ropriating the 2006 Budget for the City of Englewoo~ ,./J... rJf.H:JYJflfeuncil Bill No. 46 , adopting t~2Q_Oq B~get for t_he Englewood/Littleton O'J ,-V ~ T(J(vastewater Treatment Plant .~ ui. ~v. ncil Bill No. 47, appropriatir,J._t~~ ;2006 Budget for the Englewood/Littleton (/) T-tr ate r Tr ea tment Plant.~ c . esolutions and Motions. Recommendation from the Community Development Department to adopt a Resolution to approve a loan application to support the activities of the Housing Reh abilitation Enterprise Fund and to fund the acquisition of 2394 West Wesley Avenue. STAFF SOURCE: ' . . /) ii . Recommend ation from the City Manager's Office to adopt a Resolution to -,,_11 fiJ, ?fJ approve a Use Agreement with the Englewood Cultural Arts Center Association, , ~ -d.b .a., E-Arts, for the non-exclusive use of the Cultural Arts Space at Ci ic Center. I~ /JJ -/ STAF9\SOURCE: Michael Flaherty, Deputy City Manager. -trr'(!Mi: BAUS,Alrl IJ£-_,) f:). ,_ x'" iii. Recommendation from the Human Resources Department to adopt a Re lution f-(!,48/ .Q}_~o approve re-appointment of those Hearing Officers on the list approved in 2003 o hear Merit and Di~ipli appeals . STAFF SOURCE: Sue Eaton, Director of <"K uman Resources. ,~- iv. Re commendation from the Human Resources Department, by Motion, to appoint a hearing officer in the Appeal and Request for Hearing on the Disciplinary Action regarding Jos,t ~ure. ~AF~O~RCE: S'flI~t'1.",}~•!c~r of Human Resources. ~ iJU~ .-V::J~ ~~·.rneral Discussion : '°' w: MayoMhoke. ~ ~ Council Members' Choice. ~~ " ' • • Englewood City Council Agenda October 1 7, 2005 Pase 4 13. City Manager's Report. 14. City Attorney's Report. 15 . Adjournment. The following minutes were transmitted to City Council from September 30 to October 13, 2005: • Cultural Arts Commission meeting of September 7, 2005. • Englewood Housing Authority meetings of June 1, July 6, and August 3, 2005. • Englewood Public Library meeting of September 13, 2005. Please note: If you have a d1 bthty and need woleary Aldi Of seMCet, ple,.se notify the City of Enat-c,od (303-762 -2 407) at I a t 48 hours'° am,mce of wh"°' seMCes are needed. Thank you. t • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session October 17, 2005 0 0 'o I . CalltoOrder 1'b# The regular meeting of the Engl:wood City Council was called to order by Mayor Garrett at 7:30 p.m. 2 . Invocation The invocation was given by Council Member Barrentine. 3. PledgeofAlleglance ~ ,~ Cub Sco ut Troop 172 presented the Colors and led the Pledge of Allegiance. 4 . Roll Call Present: Absent: A quorum was present . Also present: Council Members Tomasso, Moore, Barrentine, Ci;lrrett, Bradshaw, Wolosyn. Woodward None CityManagerSearsV / /\, ,ll--v~L City Attorney Brotzman ~r ~~ LI Deputy City Manager Flaherty/ · ''f I City Clerk Ellis-· ~ i,JL, 1 .J ~ Deputy City Clerk Bush / / r. u)}JIY- Dircctor Olson, Safety Services / ~~ Fire Marshal Greene, Safety ScrvicesY ~ Director Gryglewicz. Finance and Administrative Services/ Housing Finance Specialist Grimmcu.;::ommunity Development Director Eaton, Human Resources V 5 . Consideration or Minutes or Previous Session (a) COUNCIL MEMBER~~i~ND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER 3, 2005. I / 0 Mayor Garren asked if 1here were a ny Vote results : Ayes : Nays : Mouon carr ied . Co unc il Members Barrentine, Moore. Bradsha w, Garrett, Wo losyn. Woodward. T o masso No ne 6 . Recognition or Scheduled Public Comment (a) En c Be r1 o luzz1 will di sc uss the Eng le wood Ans Agreement. t .. • < • -- Englewood City Council October 17, 200S Page2 ·• • • fl~ W~, ~ -w ~ T.bere were AQ YA Sl!fteihtlc.i , i:tit6r&. 8 . Communications, Proclamations and Appointments (-·--, ·J. _ __) q1 V (a) Proclamati o n dec larin g Octo be r 2005 as ··Meet th e Bli nd Mo nth" as sponsored by th e Na tio nal Federati o n of the Blind was consi dered . COUNCIL MEMBER'VilAbS~ED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION /\A} DECLARING OCTOBER 2oorAS."MEET THE BLIND MONTH" AS SPONSORED BY THE NATIONAL . I FEDERATION OF THE BLIND. · Ayes: Nays: Moti o n carried. Co un c il Members Barre ntine, Moore, Bradshaw, Garrell , Wolosy n. Woodward, To ma sso None Ma yo r Garrell prese nted th e proclamati on to Jere miah Bea sley. Presid ent of the NFB of Denver, and Brent Batro n, NFB Board Me mber. 5 \?; (b) Proclamation dec laring the wee k o f Octo ber 17 -2 1, 2005 as Fire Preve nti on Week was consi dered . n _ • .lcla. a,.&) COUNCIL MEMBER ~OVED, AND IT WA;(~D, TO APPROVE A PROCLAMATION DECLARING THE WEEK OF OCTOBER 17 · 21 , 2005 AS fo'IRE PREVENTION WEEK. 1\/Q Ayes : Council Members Barre ntine , Moore. Bradshaw. Garrell , W olosyn. Woodward , To ma sso Nays : None Recogniti o n o f the Fire Pr~~~ee~e~~ne::. Motio n carri ed . (c) Fire Marshal Greene anno unced the 2005 Fire Preve nt io n)'oster Contest Winners: Cherre lyn E le me nt ary: I " Pl ace-Anna Sc hulizt"l''" }'lace-Je ro me Dohe n y~"' !.'lace-T ara Eastwood / Bis ho p E le mentary: I" Place-Ann as tas ia Gal van~"' Place -Nico~ Mendo ~'" Place -Kay lie John son/ C harles Hay: I" Place-Kynd o n Tanert1"' Pl acc-~ikacla Lo ngr'.l "' Place:$age Shcrma!Y"' Madd ox E le ment ary: I " Pl ace-T a mara Co mins:"1"" eiace-Brilla ny Hat1!1"'y1ac e -Cai1lin Ras mu sse n/ S1. Lo ui s E le me nt ar y: I " Place-Kr is tina Greatoiy~"' Pl ace-Kati e Wh it"6"'.Place-Jade Cafasso o/' All Soul s E le me ntary : I " Pl ace-Carl y Buc hl e r(°l nd Place-Me li ssa Brunkal~"' Place-Josh Ha mburv Judges 1lrn, year: Ma yo r Pro Tern Olga Wolosyn Council ~everly Bradshaw A.J. Guanella. 1cc President Bun Che,Tolet Deborah Garrity. Director of Marketing 1°" ~f Or-ffMt~Q>v The winners were each gi ven u envdope wida dloir CIIII pria. 1•"8ce · S25JD, i-,-Sl5.00 111d 3 S I0.00. The cash prila -cklllllld by die ........ a A:rcf'*" Al l the winners were gi ven a round of...,._. Fire Marshal Greene said I would lib 10 invile die winlllln 111d dlelr familill ID joill • la 11110 w -My Room b a brief reception. (d l Council rece "sed for a bnef Reception m the Commun11 Room l<> honor the Fire Pre,en11on Week tudent Poster o n1e s1 Winner . The mee t mg recessed a11:ff/. p m ' .. • • 0 Englewood City Council October 17, 2005 Page3 T he meeting reconvened al5l~.m., Consent Agenda ,. ,-*'i,. -:---.. .... • , ' ,· " ,.,.----"' , ... L ,--,,t ~~ 1"r ~ ~-._• ,-~ (a) Approval of Ordinances on First Reading 0 There were no additional items submitted for approval on first reading. (Sec Agenda Item 11.) COUNCIL MEMBE~ED, AND IT WA~ TO APPROVE CONSENT AGENDA ITEMS 9 (b) (I) through (b) (v). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO._, SERIES OF 2005 (COUNCIL BILL NO. 41, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING TITLE 5, CHAPTER 3, OF THE ENGLEWOOD MUNJCIPAL CODE 2000 PERTAINING TO ALCOHOLIC BEVERAGES. (ii) ORDINANCE NO._, SERIES OF 2005 (COUNCIL BILL NO. 42, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING THE l'URCHASE OF 2394 WEST WESLE Y A VENUE BY THE CITY OF ENGLEWOOD. COLORADO. (iii) ORDINANCE NO._, SERIES OF 2005 (COUNCIL BILL NO. 48 , INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE GRANTING THREE UTILITY EASEMENTS TO PUBLIC SERVICE COMPANY OF COLORADO (dba Xcel Energy) FOR INSTALLATION OF NEW GAS MAINS AT 2900 SOUTH PLATTE RIVER DRIVE (Littleton/Englewood Wastewater Treatment Plant). (iv) ORDINANCE NO. _, SERIES OF 2005 (COUNCIL BILL NO. 49, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDlNANCE AMENDING TITLE 5. CHAPTER 14, SECTION 3, ARBORIST OF THE ENGLEWOOD MUNICIPAL CODE 2000. (v) ORDINANCE NO._, SERIES OF 2005 (COUNCIL BILL NO. 50. INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE AMENDING TITLE 4. CHAPTER 4, OF THE ENGLEWOOD MUNICIPAL CODE 2000. PERTAINING SALES AND USE TAX. Vote results : Ayes : Nay : Mo1ion carried. Counci l Members Bancn1ine, Moore. Bradshaw, Garrett, Wolosyn, Woodward. Tomasso None (c) Rcsolu1io ns and Motions There were no addittonal rcsolutton or motions ubmittcd for approval . (Sec Agenda hem 11 .) 10. Publk Hearilla ltea. ' • • Englewood City Council October 17, 2005 Page4 No public hearing was scheduled before Council. 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading (i) Director Gryglewicz presented a recommendation from the Depanment of Finance and Administrative Services to adopt a Bill for an Ordinance amending the Englewood Municipal Code pertaining to Massage Therapy Licensing. COUNCIL MEMBER~' AND lT WAS1~ TO APPROVE AGENDA ITEM 11 (a) (I) · COUNCIL BILL NO. 53. '7-o COUNCIL BILL NO . 53. INTRODUCED BY COUNCIL MEMBER_ A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 5 , SECTIONS 2 AND 3, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO MASSAGE THERAPY EXEMPTING REFLEXOLOGISTS AND CLARIFYING INSURANCE REQUIREMENTS. Vote results: Ayes: Council Members Barrentine , Moore, Bradshaw, Garren. Wolosyn. Woodward, Tomasso Nays : None Motion carried. (ii) Director Gryglewicz presented a recommendation Council Bill No. 52 - Recommendation from the Department of Finance and Administrative Services to adopt a Bill for an Ordinanc~e establishing the Englewood Municipal Code pertaining to Reflexology Licensing . ~f'_J ~ COUNCIL MEMBER I.(}~~. AND IT WA~~ED, TO ~Pt>vE"Ao\No~ 11 (a) ,_,,,..'iJ- (11) • COUNCIL BILL NO. 52. COUNCIL BILL NO. 52, INTRODUCED BY COUNCIL MEMBER_ A BlLL FOR AN ORDINANCE AMENDING TITLE 5, OF THE ENGLEWOOD MUNICIPAL CODE 2000 WITH THE ADDITION OF A NEW CHAPTER 8, PERTAINING TO REFLEXOLOGY . Vote results: Ayes : Council Members Barrentine. Moore , Bradshaw, Garrett, Wolosyn. Woodward, Tomasso Nays : None Motion carried. (b) Approval of Ordinances on Second Reading (i) Council Bill No . 43, approving the 2005 Mill Levy for collection in 2006 was considered . COUNCIL MEMBER~~. AND IT WA~~. TO APPROVE AGENDA ITEMS 11 (b) (I) · ORDINANCE NO. _, SERIES OF 2005 . ORDINANCE NO . _, SERIES OF 2005 (COUNCIL BILL NO . 43, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN Tiffi CITY OF ENGLEWOOD. COLORADO. ' • • -.... • 0 0 Englewood City CouncU October 17, 200S PageS Vote results: Motion carried. Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward , Tomasso Nays: None (ii) Council Bill No. 44, adopting the 2006 Budget for the City of Englewood was considered . COUNCIL MEMBER~ AND IT WAS SECONDJD, TO AP~g_v_E AGINDA ITEMS 11 (b) (I) . ORDINANCE NO. _, SERIES OF 2005. v-/ l'Jlllll'U,ILJ( At-) ORDINANCE NO._, SERIES OF 2005 (COUNCil.. BILL NO. 44, INTRODUCED BY COUNCil.. MEMBER BRADSHAW) AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 2006. Vote results: Motion carried. cons idered . Ayes: Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward , Tomasso Nays : None (iii) Council Bill No . 45 . appropriating the 2006 Budget for the City of Englewood was COUNCIL MEMBE~,~ED, AND IT WAf ~. TO APPROVE AGENDA ITEMS 11 (b) (I) . ORDINANCE NO._, SERIES OF 2005. /o,... ( IJ;tAAt«:/1 ~ ORDINANCE NO._. SERIES OF 2005 (COUNCIL BILL NO. 45, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD. C'J LORADO, FOR THE FISCAL YEAR BEGINNING JANUARY I , 2006, AND ENDING DECEMBER 3 1, 2006, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2006. Vo te results: Mohon carried. Ayes : ay : Council Members Barrentine, Moore. Bradshaw, Garrett, Wolosyn. Woodward , Tomasso None (1v) Council Bill No. 46. adopting the 2006 Budget for the Englewood/Littleton Wastewater Treatment Pinnt wa, considered C 11.. l'IJJ} COUNCIL MEMBER ~~D IT WAS SECONDED, TO APPROVE AGENDA ITEMS 11 (b) (I) • ORDINANCE NO. _, SERIES OF 2005. "J-0 ORDI ANCE 0 . _. ERIES OF 2005 (COUNCIL BILL NO. 46. INfRODUCED BY COUN IL MEMBER \ OODWARD) ANORDI ANCE DOPTINGTHEB DGETFORTHELITTLETON ' LEWOODWASTEWATER TRE TMENT PLANT F()R TllE Fl AL YE R 2006. ' ,, • • 0 Englewood City Council October 17, 2005 Page6 Vote results: Motion carried . Ayes: Council Members Barrentine, Moore, Bradshaw, Garrell, Wolosyn, Woodward, Tomasso Nays : None (v) Council Bill No. 47, appropriating the 2006 Budget for the Englewood/Littleton Wastewater Treatment Plant was considered. "'/_~,,,,,,.J \ ~O COUNCIL MEMBER~~D, AND IT WAS~ED, TO APPROVE AGENDA ITEMS 11 (b) (I) . ORDINANCE NO._, SERIES OF 2005. 1.-0 ORDINANCE NO._, SERIES OF 2005 (COUNCIL BILL NO. 47 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON/ENGLEWOOD WASTEW,\l'ER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY I, 2006, AND ENDING DECEMBER 31 , 2006, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2006 . Vote results: Motion carried. (c) Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Nays : None Resolutions and Motions (i) Housing Finance Specialist Grimrncll presented a recommendation from the Community Development Department to adopt a Resolution to approve a loan application to support the activities of the Housing \ \ L1 \ Rehabilitation Enterprise Fund and to fund the acquisition of 2394 West Wesley Avenue. COUNCIL MEMBER~, AND IT WAS S~~O APPROVE AGENDA ITEM 11 (c) (I)· RESOLUTION NO._, SERIES OF 2005. 0 '{f',\g RESOLUTION NO. _, SERIES OF 2005 1 ./ A RESOLUTION AUTHORIZING THE APPLICATION FOR A LOAN FROM COLONIAL BANK TO THE C ITY OF E NGLEWOOD, COLORADO TO FUND THE HOUSING REHABILITATION ENTERPRISE FUND. Vote results: Moti o n c arried . Ayes : Council Members Barrentine, Moore, Bradshaw, Garrell, Wolosyn, Woodward, Tomasso Nays: None (ii ) Deputy City Manager Flaherty presented a recommendation from the City Manager's Office to ado pt a Resolutio n to approve a Use Agreement with the Englewood Cultural Arts Center Association. ~ d .b.a .. E -Ans. fo r the no n-exclusive use of the Cultural~~~~ ~'.~tic Center. <"i COUNCIL MEMBER\U)~, AND IT WAS'l.:~TO APPROVE AGENDA ITEM 11 (c) (U) · RESOLUTION NO. _, SERIES OF 2005. ~ a.rv ..a..r+s RESOLlITIONNo._.SERIEiM~ t iqs woo Wi -._e:"?Sl){)D 6..9 /5b~~ 1~f1v' ,,..(Sl)IC, b.....-1 ~ 1&.410· f'n{D'~ . µ, .a,, .. -..,1, \4i.+2--~(:'.; ,&'t'+--w@dw:vr/ s,. ~ rJ011as -J\o'CbA ~/' -,- l«.t'l-\, ~ 13il:f5'~o ~~ l.<.&h( ~ ~ t ·• .. • • Englewood City Council October 17, 2005 Page7 A RESOLUTION AUTHORIZING A USE AGREEMENT BETWEEN ENGLEWOOD CULTURAL ARTS CENTER ASSOCIATION (dba E-Arts), THE MUSEUM OF OUTDOOR ARTS AND THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO THE CULTURAL ARTS SPACE AT CIVIC CENTER. Vote results: Ayes : Nays: Motion carried . Council Members Barrentine , Moore , Bradshaw, Garrett, Wolosyn , Woodward, Tomasso None ,\, (iii) Direc1or Ea1on presented a recommendation from the Human Resources Department 10 (.'1, I adopt a Resolution to approve re-appointment of those Hearing Officers on the list approved in 2003 to hear Merit \ .J and Disciplinary appeals. -d ,f,4JX'V COUNCIL MEMBE~O~,~AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (Ill) · RESOLUTION NO._, SERIES OF 2005. RESOLUTION NO. _, SERIES OF 2005 A RESOLUTION REAPPOINTING THE HEARING OFFICERS TO THE LIST C,f PERSONS ELIGIBLE FOR APPOINTMENT AS HEARING OFFICERS FOR DISCIPLINARY AND MERIT APPEALS . Vote results: Mo1ion carried . Ayes : Council Members Barrentine, Moore , Bradshaw, Garren, Wolosyn , Woodward, Tomasso Nays: None (iv) Director Eaton presented a recommendation from the Human Resources Department, by Motion , to appoint a hearing officer in the Appeal and Request for Hearing on the Disciplinary Action regarding Joshua Cure. ~ COUNCIL MEMBE VED, AND IT WAS SECONDED, TO APPOINT __ AS THE HEARING OFFICER IN THE A EAL AND REQUEST FOR HEARING ON THE DISCIPLINARY ACTION REGARDING JOSHUA CURE. Vote results: Ayes: Council Members Barrentine, Moore , Bradshaw, Garrett, Wolosyn . Woodward , Tomasso Nays : None Moti on carri ed . 12. General Discussion (a) Mayor's Choice Ma yo r Garren did not ha ve any mailers to bring before Council. 1,,()1'2-- (b) Co un c il Members ' Choice t ... ,• • • Englewood City CouncU October 17, 2005 Page8 RBSOWl'ION NO._, SBRgfi1 21111$ Vollnalll: Ayes : Na~ Madao caried. ;;. 11 O (1) 'J-<f-~ t u ) 2-4,, I (111 ) ii"O (IV) '2. t?i (\) (\I ) ouoc,1 ~ember I , Cit Manqer's Repon ·• • • ' • • Englewood City CouncU > October 17, 2005 Page9 City Manager Sears did not have any matters to bring lk:fore Council. 14 . City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. 0. 15 . Adjou~nt OP MAYOR GARRETT MOVED TO ADJOURN. The meeting adjourned at~.m. d)SC/<J City Clerk ' .· • • ·• - • • { \ i \ =-' ( -_,._ l I :!·._ _ __) -i..---. ------ ----__....---..-_:... ----------~ . ' ,~,, ........ ....,-4ff k _bdd u;~ ~ --~ . . .· . . . n~-~~a~ ~ ·· · --- --JA1¢[1r ~ 'Ir /tu1J{_ ~ -. . . . . . /7(p(J 3 -~~ ·. . . ,• • . . -·• • • ~~ ¥t-~ (}rJ~- / d"_(y I . ~ r-3:::, J-s3i ~;)~~ • ,. .. ,' . • • . . National Federation of the Blind ( ~ of the Nation's Blind • t • • 0 . The National Federation of the Blind The mission of the National Federation of the Blind is to achieve widespread emotional accept- ance and intellectual understanding that the real problem of blindness is not the loss of eyesight but the misconceptions and lack of information which exist. We do this by bringing blind people together to share successes, to support each other in times of failure, and to ante imaginative solutions . t • • ·• • - -. -. -.. _ .. _.,,.,, A Future Full of Opportunity National Federation of the Blind Jernigan Institute The National Center for Blind Youth in Science ( CBYS). a program of the ational Federation of the Blind Jernigan Institute, partnered with the ational Aeronautics and Space Administration to begin its quest to bring scie nce to blind yo uth . The CBYS developed it s annual Science Academy to s park and enhance blind students' interest in scie ntific s tud y. an academic area that many falsel y believe is too difficult for the blind . By providing hand s -on experiences and tactile materials. the cadcm is a prime example of how to use nonvisual teaching methods in the classroom . Science A c(l(/c 111.r "hus gil"<'II 111 1.' co1!/iclc 11 ce i11 111.r se(I hcn 111se ! ll'us uh/c f() s ee a /01 ()(/,/ill{/ /J eopl e 11 ·/,11 h1/\'1 ' hcc11 .,11 cn•s.,-f11/ i11 .1c ic11ce . Pmhuh~1 · 11 ·illu11111/ii., c11 111p / 11 ·011/cl 111•,·cr gel /() 1111 •e1 s 11 c h ,,cople." . I 11c/rt'1r H i 1i . /~-I ~ --. . ~ ... _. I · •• • • • i l \ _.,_. j_~ National Federation of the Blind Jernigan Institute The Academy consists of two summer sessions conducted by blind facilitators. After the s uccessful completion of the 2004 Science Academy, the NCBYS is focusing on the 2005 sess ions . Rocket On!, for high school students, centers on physics and will be held July I 5- 23. 2005. The Circle of Life , for middle schoo l students, focuses on Earth sciences and will be July 30-August 6, 2005. "Fro m the 1111a11.nl'ered q11estions abo111 our 1rorld to the p11z=les of the universe and beyond, 1\'e imagine a Ji1111re where the blind are e 11cu11raged and e mpowered to apply their diverse capahilities to the exploration of ne1\' horizons along with th eir sighted peers. That is 1\'hy 1\'e, the blind, have commilled 011r J e rnigan lnstitllfe to improving ed11cational oppurt1111ities.for blindyo11th in a ,my that 110 one e ls e has ever imagined." . , -. ... ·~~. . -Marc Maure,: President ational Federation of th e Blind For more information on the National Center for Blind Youth in cience or the Science Academy. please contact the National Federation of the Blind Jernigan In stit ute . Education Program . at : I 00 Johnson Street Baltimore. MD 21230 Phone : ( 410) 659-9314. c . t. 2 6 Email : mriccobon "nfb.org ......... . • • C ontact the National Federation of the Blind today. We'll put you in touch with the local affiliate of the NFB in your area and provide you with any other assistance we can. You can reach us at: National Federation of the Blind 1800 Johnson Street Baltimore, MD 21230 (410) 659-9314 www.nfb.org • ... • .. . ·" \, . . . . Jo NatiolyJ Federation of the Blind t ' D. ·. ~ 1)1J 4/-tJU ~lflJIO ;4 "Blln~ 7)11,,cstJn? 'e4ll~11Al '/c,1./ul6lll.tAlU1t Every state has an agency that is responsible for helping the blind to find employment. These agencies are required by law to work with a blind person in a cooperative way to help the person train for, find, and get the kind of employment he or she wants. If the services a blind person needs are not available in the state where the blind person is located, the agency must help get services from someone else if an eligible blind person so desires. Contact us at the National Federation of the Blind, and we can tell you how to work with your state agency to develop a plan to achieve your employment goals. ~'J#ll.lll e NFB is the voice of the nation's blind, and as such has some fifty thousand members who are working in all kinds of jobs. We can help you find experienced blind people who may be doing jobs in which you 're interested so that you can network with them and learn about the skills you'll need and the alternative techniques you might use to get the job done. We've also established Jobline, a nation-wide, toll-free telephone service that gives you easy access to America's Job Bank, which lists hundreds of thou- sands of jobs in several categories across the country. You can also create a resume and apply for some of the available jobs right over the phone. To find out more, contact the National Federation of the Blind or call Jobline at 1-800-414-5748. J'AJ'ff $1.H'"!_ our state, like every state, has free library services for the legally blind. Books and magazines are available free of charge in accessible formats such as Braille, large print, and cassette . Equipment to listen to the recorded books is also available on loan to library patrons. For details about where and how to apply for services in your area you may contact your local library or visit our Web site at www.nfb.org. Also, don't forget to ask about NFB-NEWSLINE ®, our free service that lets the blind read a hundred newspapers on demand with just a touch-tone phone. _'&All~" ~ "'Bll.11~ Cl,10u11 he Individuals with Disabilities Education Act {IDEA) says that blind children are entitled to a free public education in the "least restrictive environment," and parents have the right to help plan their child's educa- tional program. This includes the right of the child to learn Braille if he or she needs it. If you are the par- ent of a blind child, contact us, and we will help you make sure that your child's needs are met. We will do this by providing information about how to work with your child's school and teachers to make sure that your child gets the education he or she deserves! ,l,u here are federal and state laws and regulations that protect the civil rights of the blind in such areas as employment, education, housing, insurance, public transportation, and public facilities. If you know of someone who thinks he or she has been unjustly treated just because of blindness, please contact us. We will try to help. lind students can and should take advantage of the same scholarship programs that are available to sighted students. However, there are also scholarships that are only avail- able to the blind. The National Federation of the Blind awards over $100,000 a year in scholarships to blind students. These scholarships help blind students to purchase adaptive technology, hire readers to use when Braille or taped materials aren't available for their courses, and meet other expenses. Call or write us for an application, or go to our Web site. ~lfeU All~ ,Al~s ~chnology has made many useful products available to the blind. Some products, like Braille watches, make daily life easier. Other prod- ucts like Braille note takers and soft- ware to make computers talk have opened up more employment oppor- tunities for the blind. We seli' many products that help the blind in daily life in our Materials Center, and we make a concerted effort to test every piece of computer and Braille technology on the market in our International Braille and Technology Center. Contact us for more infor- mation about products that may help you or someone you know. 6llutlu,u he National Federation of the Blind publishes several helpful books and magazines: •> The Braille Monitor is the voice of the National Federation of the Blind. It is published monthly in Braille, in large print, and on cassette tape. •:• Future Reflections is a magazine for parents and educators of blind children. It is published quarterly in large print and on cassette tape. •:• Voice of the Diabetic is the quar- terly publication of the Diabetes Action Network, a special interest division of the National Federation of the Blind, and addresses the problems and concerns of blind diabetics. It is available in print and on cassette tape. •:• If Blindness Comes is a book that explains about the services and resources a person needs to adjust to blindness . It's available in large print and on cassette tape. •:• The Kernel Books series is a collection of books containing first-person accounts of the lives of the blind. Each book is a mini- anthology of articles and stories by and about blind people, drawn from real-life experiences and emphasizing a positive philosophy about blindness. They're available in large print, in BraiJle, and on cassette tape. O r .. ............ , d 'tdlf /u,dlfl A /,U,,) ~ who needs help or info . V. tion? Perhaps person is newly blinded or is vision so that accomplishin s with sight has become di estimated that about 2 blind people are totally most have some remaini Maybe the person does n about all the services that are able, such as vocational rehabi tion, library services, or Soci Security benefits. Maybe you someone you know has a child and doesn't know h make sure the child gets the a.Ida~ tion and training the child __ .. The National Federati oi Blind can help! Blindness does not ...r to be a tragedy. Because the blind of this nation are working together through collective action to improve our lives and make our • • '• .. ., .. . . ....... . •' . -f'.' ,· .., . 1 ' l \ ~ · . . . . ... dreams of independence and equality come true, blind people everywhere are enjoying active and oductive lives. So can you or the rson you know who is dealing th blindness. All you need is e basic information, a little couragement, and a lot of sup- rtive friends who are blind and o are making their way in the orld. And you've come to the ·ght place for all these things-the ational Federation of the Blind. ~•11-·ochure contains information abo the services that are available e blind, as well as t the time-tested ources we'v eloped at the ·anal Federation the Blind. more informal about -TU111·ng here, contact 1 Johnson Street, Balti Maryland 21230, (410) 659- 931 visit our Web site at g. • -.J .. kNFB National Federation of the Blind ,,,., Su•my 'Bu,~ Blind persons who have paid into the Social Security system may be eligible for Social Security Disability Insurance (SSDI). Blind persons who have little or no regu- lar income or savings may qualify for monthly payments under the Supplemental Security Income (SSI) program. Contact your local Social Security office for applications . We follow the changes in the Social Security laws and regulations closely, so don't hesitate to call us if you have any questions or prob- lems. We can help you learn about the special rules which allow you to work while still maintaining your benefits until you can get on your feet financially. • • • . I ~ , ' . ~: .. .. . . ·. .• .. ·, -> .. ... . .~ .:~ ., ~ ... • .. • r •. .. .....· ~ • • • -. . . . " ~ National Federation ~ of the Blind 1800 Johnson Street , Baltimore, MD 21230-4998 - The National Federation of the Blind (NFB) is the largest organi- za tion of the blind in the world. Founded in 1940 , the Federation's pur- pose is to help blind people achieve sel f-c onfide nce , self-respect, and self- d e re rmin acion. Our goal is the co rnpl e re integration of the bl ind inro socie ty on a basi s of equ a lity. With more than 50,000 mem- be rs, the National Federation of th e Blind has affiliates in all fifty stares, in the District of Columbia, a nd in Puerto Rico. We com e rogether in local, ra te, a nd national meetings to suppo rt a nd e n courage one anoth e r a nd ro pl a n ac tivities for our fu ru re. M os t o f us a re volunteers, and rh ro ugh h a rd work, we make o u r drea ms o f indepc:ndence and prod u t ivity ome rrue. If rhe probl em s fac- ing rhe blin d are to b e so lve d (a nd we believe they c.tn b e), t h e blind of mni a. wor kin g co ll ec ti vely, mu t d o it. \X 'e d.tre to dream of a brig hr ro mor- rcm for our~elve , fo r bl ind c h ildre n , and for 1ho,e "ho come afrcr u~; and we arc prep.trc.:J IO work together m bring th at future inw being. T h i i, rhc cs ~e n ce o f the '.uion.11 rcderacion o f the Bl ind .• ¥ ~... ..,,,,., ·• • • • l I ~ r ··---i ( l . . ...... • . . . .: ___ _) .. . : ,1 · • ·;. '\ . What does tfie N FB do to enhance opportunio/ for the blind? The National Federation of rhe Blind is leading the way into the future for blind Americans by: • Promoting the inter- ests of the blind in rh e state legislatures , in the halls of Congres , and in the courts. • Educating the public about the true nature of blindness through our literature, through public appearances, and through our daily lives as independent and productiv e c itizens . • Hdping fa mil ies w ith blind childre n e n ure tha t their kid learn the skill s fur coping with blindness and h ave acce to informa tion and educational opporrunitiea char will allow rhem ro keep pace with their lighted friend a they grow. • 'md rin g, d e m o n tracin g, a nd e ing th e la te t in ad a pti ve re hno logy for th e blind a t rh e l111crn.111011.1l Br,1ilk and • Technology Center (IBTC), located at the National Center for the Blind, which serves as the national headquarters for the National Federation of the Blind . This one-of-a-kind facility contains all of the computer technology that gives access ro information for the blind. • Operating and expanding the world 's largest digital talking newspaper service for the blind, NF B-EW S LI E®, a free service available to anyone who is legally blind. NFB-NEWSLINE® uses comput- er speech technology to make the texts of dozens of local and national newspapers available on demand to blind readers with just a touch-rone telephone. • Helping the blind find competitive employment through meric.t'~ Joblinc "', a free service chat give individuals touc h - tone te le phone access ro rh e thousa nd of jobs li sted in Am e ri ca's Jo b Ban k , a jo b listing e rv ice es rabli h ed b y th e U .. Depamnenr of La b o r. • Helping the blind ge t th e informa ti o n a nd the producu we need for a t ive, indepe ndent liv es through rh e N a ti o n a l Fe deration of the Blind 1arcriah ,e nter. whi h offe rs tho u a nds of publi- arion. a nd hundred of produ e pe ia ll de ign ed fo r the blind. Br the catalog and shop onlin e at http://www.nfb.org. • Conduc ting cutting-edge researc h o n blindness, su c h as methods for conduct - ing distance education co urses u sin g Braille and sp eec h t ec hnology a nd be r- t e r methods for travel or for access in g information , at our ational Fcderarion of rhc.: Blind Jernigan lnsrirute. How can I learn more? • Vi sit our Web sire ,, W\\.nfb .o rg o r email u at nlh ~ nfh.org. • Sub c ribe to o ur fr ee publi atio n , by regular o r e m a il ub c ripri o n o r c h ec k ch e m out o n o ur We b si te. T h e R1t11!/, ,\fomwr is t h e voice of the arional Fe d e ration of rhc Blind . Ir i, publi,hed m onth ly in Braille, in large print. on cas em: tape, and on the I mernet. ri1111re R,jleaiom, rh e om ial publ1L ,l- ri o n of th e ,trional rgani1.uion for Parent~ of Bl ind Children (a di, i,it n ol the ational Federation of th e Blind ). i a magaLine for parent, .rnd edu .nor, ol blind Lhildren. le i publi,heJ tlllJrtl·rh in large print, on LJ \l'ltl' tape . and m l'f the Internet. \w ,, 1J, I> I • 1 thl· --------------~----~ -~------- --· quarterly publication of the Diabetes Action Network, a division of the National Federation of the Blind, and . . - ~ -.... - IV" \ t -·-v. addresses the prob- lems and concerns of blind diabetics. It is available in print, on cassette tape, and on our Web site. The Kernel Books series is a collection of books written by the blind themselves. Each book is a mini- anthology of articles and stories by and about blind people, drawn from our real-life experiences and emphasizing our positive philoso- phy about blind- ness. They're avail- able in large print, in Braille, on cas - sette tape, and on th e Web. For subscriptions other than by email , write to us and specify which publication s you want. ,. .. . . . .. ·· ..• • -.. , . -,,. . . . '• · .. : f -~· ... ·' -.. ; ... ··.: .. ~ : · .. . ,: ...... ,.:.' •• ~*• .. Can I join the National Fedendlon of the Blind? Yes, if you're bliDd and want to join others like you ild a bright future for blind America if you're sighted and want to help, then join us today! Find the Jocal chapter in y, ' • • Personalized Voice and Speaking-Rate Adjustments: The system allows you to receive informa- tion in several different voices and to speed up or slow down the speaking race . The se lections you make will b e stored for you and turned on again wh e n your profil e number is ente red. Online Help: T he sys tem presents "help" messages which yo u ca n obtain at any time when setting up a pe rsonal profile, conducting a job search , lea rning how co apply for a particular job, and crea tin g or revi sing your electronic job applica t io n/res ume. Spelling Text: The sys tem incl ud es a "s pe ll mode" co help you recogn ize a ny wo rd , se ri es of lett ers or numbers presented. T hi s mod e is also he lpful if you need co write down an Jd dre s including specific scree numbers o r zip codes. While in "~pell mode," you ca n move forward or backward through the information word-by-word, and you ca n pell each word letter-by-lerrer. A e ri es of numbers, such as chose in a tree c adJres , can al o be r ad digit-by -digit. Usin~ Jobline Again: .. ·: 0 . ~ . •. .•• ··.·? . . .. ' .... . "· ~ . • . ",j. ·,~ . . . . .. ., . . ., • . .-•. fl • .• · •. r . • ·: : • .. ·':., ... ~. ':~ .. ._:: . , . . ~· .. ... . .. ; . . -.> .. MAJOR JOB-TYPE LIST • Architecture and Engineering . ' • Arcs , Design , Entertainment, Sports and Media ' • Building and Grounds Cleaning and Maintenance • Business and Financial Operations • Community and Social Services • Computer & Mathematical • Construction and Extraction • Education, Training and Library • Farming Fishing and Forestry • Food and Lodging • Healthcare" • Installation , Maintenance and Repair • Legal • Life , Ph ysical and Social Science • M a nagement • Office and Administrative Support (Clerical, Secretari al & Offi ce) • Pe rso nal Care, Perso nal Service and Gaming • Product ion • Protective Services • Sal es and Rel a ted • Tra nspo rt ation and Material Movin g For more Information, contact: ~ lion.ti ffller.ltion ol the Blind ~ \, . . . lb lllach Jobline Cal: 1-800-414-5748 --· • ... -------------------- If you are looking for employment, Jobline is a free public service provided by state agencies with assistance from the National Federation of the Blind and the United States Department of Labor. This service is available on the telephone, 24 hours a day, seven days a week. New jobs are listed on the system each day, and jobs that are filled are removed . All that is required is a touch-tone telephone to establish your personalized job search and application profile. Getting Started: A . Ready-Reference Guide is provided to show you how to use all features of the system. The information/resented here will heir you to get scarce the fir st time you di a in . What to Expect: Jobline is an audio version of America's Job Bank, provided on che telephone. Am erica's Job Bank and the electronic job ba nk provided by your state can also be found on che Internee. The job announce- me nts come from employers seeking to fill current openings. Jobline helps yo u co find openings and app ly for jobs which mar ch your qualifications and are located in your area or an y ocher area of the coun- try. e job announcement und for presented along with plication ion fo · of inc . .. ~ . . . . .. ~- n u . . . ,~-. .. . • . • .. i,; • . . . .;.-.. : · .. -·. ~ ... . "'""" .. ·, . . ,,• . . .... . .. •· · .. · ... .... • • 1 •• ~ .. :. ). ' Your Personalized Job Search: The system stores your personalized job search profile using criteria such as the geographical area you prefer and your individually-specified job preference/ qualifications. Upon dialing in, you can press "l" to enter Jobline at any time during the opening announcement. You will then be asked to enter your l 0-digit telephone number (including area code). This is the phone number you used to set up your Jobline profile. The system will then prompt you for the 4-digit "password " you chose the first time you entered Jobline. The first time you call, the system will guide you through the steps necessary to establish your profile. These steps are shown on the Jobline Ready-Reference Guide and include: l. Choosing your .-search area-The choices are a nationwide search , statewid e search , or a search within a mileage range you specify, up to 500 miles from the zip code you choose. 2. Choosing a job title or keyword search-Job titles, which you can se lect for yo ur profile, are shown at the end of this brochure. There are also several b-caaories from which you can choose thin'9ch major job title. Also yo u can 11 a r words · t fro the d \, Remember that you can change your pro- file at any time while using the system. Customer-Responsive Navigation: The system presents instructions and prompts in a natural sequence to guide you. Job title selections are prese nted at a pace that is slow enough to allow rime for thought. However, a "go-co-next" feature is also included to permit rapid movement through the job titles and job listings . Confirmation messages are spoken whenever you select a major job tide or subcategory. The re spo nsive-move - ment features also includ a "how-to- apply" choice that can be sel ected or not during each job announcement. You m ay exit the list, change a profile, sa ve a job announcement, or go to "help" at any rime by using the commands found on the Ready-Reference Guide. Applying for a Job: The system allows you to have your own personalized electronic application/resume prepared and sent to an employer with a job of interest to yo u . The application/ resum e is created from your respon es to a series of questions about you r educa ti on, training, work expe ri ence , and specific job qualifications . Once you have crea ted yo ur application/resume, it will be scored on the system and sent to the fax number or email address of an employer you select. You can also create a new application / resume or review and revise an exi ting one at any time. t • . . .. ·• • • . . \·~· ,. I . . .,. . .. ·. . . . -.;.-.. . .. . ·, .... \ . • • .. , . . .. . . • . \· ;. \ . . : · .... ___________________ _., _ _.__ ... _ ........ ...... ............ _ Prwlding IM lools ltudrlb nMI In Otdr to "'1ntA al a,p«b of O ... .,,.,,.D from tolllrr, ab and Mti,p /1tll#l'I to CIIIIHalW IOdo/ adMlillf. ,,.,_,, who "'*"" ,,. Summ, for ~ Pf(JfllOII natl to be hll/h Khoo/ 1/fOduata or oldl,; ___ ...._ ... NINl ..... www Oo/nlng ..... ~ throutlh ~ """ -··· ,,. .. of ~to,,_,,. ........ ,,.,,.. who ollMd,,,. /itJm ond ,,_,,, Aw.ton nMI to I# IS ,,,.., of C11111 or cm1r. 7 RTt1Zlalah1, 11111 11 ...... NINI ..... - L«lffflng about ~by,.,,.aw blind,,.,,,,.;, 0 will, I01'lfJ, of /obi and .,,.,.JCinll al OIP«b of what l's .. to llw ;, your own qi,a,tme,t ,,.,_,, who att-,d ,,. Initiation to ~ Pro,,. .. ,, ,.., to be a to ",,_,,, old. Shared successes make dreams a reality for blind people! OTHER PROGRAMS OFFERED BYTHECCB: ,o. Independence Training for adults •:• Professional Training in Adaptive Technology ,o. Employment Services <-Senior Services • Colorado Center for the Blind Julie Deden Executive Director 2233 W. Shepperd Avenue Littleton, CO 80120 Phone: 303 -778-1130 1-800-'40 l-'4632 Fax : 303-778-IS98 Email: ccb@cocenter.Of'I Website: www .cocenter.Of'I • -J .. \, Colorado Center for the Blind Summer Youth Programs Building confidence that leads to opportunity and success! Tel: 303 -778 -1 130 1-800-'4.01--4632 W eb tte : -.coc nter.org ' • -· The Summer Youth Programs at the Colorado Center for the Blind are designed to enable blind students to obtain the skills needed to achieve success in school, interact with peers in a vanety of social situations, gain a knowledge of the working world, and build self-confidence and self- esteem. Students participate in extracurricular activities in addition to our regular classes during their program. Ill"" • Classes and activit ies provid e students with the skills they need to gain full belief in themselves as blind people. Our staff is equipped to o ffer specialized instruction to meet the individual needs of each student. Stud ents have the opportuni ty to work with a dynamic staff wh o are themselves compet ent blind peop le. Our curriculum includ es Braille, h ome managem ent, tra vel, technology, life skills, employment exploration, and d iscussion groups on blindness. (J • . ..... ..... • ... , : i ~-.. ::' . · .. :. .. . ,,.. . . ... . . . .... ... ...... ·· .... ·· -. . . . '. •' .... " ... ·/ : . ,,. • • . t. • .• . . . . • -I ' :;• :;\ • • • : ' ~"' • • . •.· Realdentlal program Students live in apartments with counselors and peers • Supervised cane travel training • Instruction in cooking , cleaning, and shopping using a courtesy cterk • Preparation ol fonnal meals and a variety ol diq experiences • Budgeting and pnonal finallCial mai lllg8l1'l8I It • AQe appropriate social activities • Career exploration and job shadowing with IUCC8llful blind adults • Training and asaeament on the latest adaptive IIChilology • Note-taking tlchniquel and library resun::h skill • Leaderlhip dM: 1lopment • Gain I polilive philolaphy ol blndn111 . . . • ~ -~ .. \, Students in our Summer Youth Programs will participate in many activities such as going to Rockies baseball games and technical rock climbing. One of the most compelling reasons to attend the Colorado Center is the unique atmosphere among all staff and students . The warm, supportive environment gives opportunity for fun and a new outlook on life . Students from across the country and around the world share ideas with staff to make the program dynamic . Come to this small community with a cosmopolitan flair and find a new futunt! ' • At the foot of the Rocky Mountains, on a beautiful four acre campus, the Colorado Center for the Blind has been helping blind people reach new heights of independence since 1988. The innovative teaching techniques and philosophy have far reaching effects on the lives of blind people . Individuals who choose to attend the Colorado Center will find : .:. Rehabilitation takes place in the world as well as the classroom .:. Individualized career development and exploration ,0. The latest in technOIOIY ,o. Independent travel using the long white cane •> Residential independent living -> Braille and communication skills •:• Outdoor challenge recreation activities •:• New positive self·imqe -:• Greatly expanded horizons OTHER PROGRAMS OFFERED BYTHECCB: ,o. College Preparation + Youth Programs + Employment Services + Senior Services FOR MORE INFORMATION PLEASE CONTACf: Tel: 303-778 · 1130 1-80().4()1-4632 Fu: 303-778-1598 Email: ~oc:enter.oq Web: www.c:oc:enter .oq HOW m NMf 4 QQN4DQN Al. pr,-.. non-p,ant Ofllllllaaon any donatlonl made ID Ille QJbado Olflllr for Ille Bind .. tar dldli ... and GREAnY_,.IIMrlf Allll llnd dledll ID: Colorado Center for the Blind 2233 W. Shepperd Ave . Littleton. CO 801 20 • \, . . . Colorado Center for the Bllnd 303·778-1130 1 ·800·401 ·4632 --~--' Fax: 606778·1598 Email : ccbO ccb-denver.ora Web: www.coc:enter.or1 • 0 -- Focus on the Basics •!• Travel SLx to n ine months of fo cu sed , intense training in ca ne tra ve l ca n tra ns form an appre he ns ive, t imid stud e nt int o a confide nt travele r capable o f go ing a nyw h e re. In a ddi t io n, we wo rk with d og g uid e us ers to enhance the ir co nfid e nce by provi ding ad d itional wo rk with the long white ca ne. •:• Technology \\ c provi d e s tude nt s th e essenti a ls in th e lat est ada pti ve t ec hnology su t hat g radua t es can compe t e in to d ay's world . Included a rc the fund a m e nt a ls of word processing, s creen re.ide rs . s pread s hee t s, e le ctronic not e-take rs, a nd Bra ill e di s pl ays. •!• BraiUe Br ai ll e trai ning is an e ssential part o f e,e ,,- -;tu de nt '<; edu ca ti o n. Our n cxi bl c prog r.im a ll o w, u ,; to ta ilor th e t ra ining t o s pecifi c n •eel-., r a n gi n g from b e ginn i n g to ma th e m a t ica l, , mu s ic, a nd compute r cod e. lncrea-.i ng t hese ·kill s to the s tude nt 's g rca tc t potent ia l fac il ita t es thei r a bilit} to compete with t heir sig ht ed pee rs . •:• H o me Management -\ run. all encompassing course , here s t ud e nt,; umk the <;imp le to th· gourmet, barbecue ,,i t h r hJrrnal and ga<; grill,;, plan dinner partie.,, ll'Jrn ,;clf-dl'l'en,;e, <;ho'p at mall,;, sc,,·. garden, ,ind plJn outing, to the Botankal Gi.trden,; or a Chine,• buffet. AN •zruaD111ar IUIPIDCd o,,,. t>j t h I/I OSl rompelli11g IT<U()tlS II> altmd thr c,>1,,ru.Jo Cmw i; t l1t 1111iq11r ,umosphm """"tg all stajfa11J st u lnus. nrt· \t Jntt, upporti1 t'1Jl1°ftllllllt '1ll ,j, OJtJ'Ol'fUllih•jivfu11 ,ind ,111, u p111l (111 /ijc> Student ' w, ,,, tlrt' 0>1 m1n· and ,m>tmJ th ,.,,rid ;h,1 iJr.. ..-ith Sl,zjft ,, '"'' 1his rrt~rum d,11.11111.. Ct11t11i t,l tltU 111.1/I ""'""''' .,.,rlr.., " ""'I >1,1,111 111 ,111J finJ ,1 ""'' 1un·1 . . •• • • . ,; ... _ ... ,• l .. .. ., . .. . .;. ...... . .. . . • f .' ' ,,· . . · . Career Spotlight Too often persons who are blind perceive limits rather than opportunities for career direction. The Colorado Center encourages students to look past limits and dream about possibilities. Through job preparatory classes, discussion groups, and individualized planning With the employment team, students discover and develop exciting options and achievable goals. Impressively, 85% of our graduates have jobs! • The employment team helps students to: + Explore career options + Identify concrete steps for reaching their goals + Develop a resume and cover letters + Le-c1m to use the latest technology for the job search e.11. the Internet + Improve job Interviewing skills + Panicipate in variou s job shadows and int e rnships + Mee t With very s uccessful blind people to o bserve now the)• do th eir j obs + Understand the princi pl es o f employer expectation s How is the Colorado Center different? •) Philosophy Th e CCB fe e ls that s kill s arc not e n ou gh! Da il y cl assroom di scussion of m yth s and fea rs s urrounding blindness, along with ex pl o ratio n of real -li fe e n counte r s, h e lp s tude nts t o see blindness as a me re nui s ance, rath e r tha n a traged y. •:• Role Modeling From the fir s t d ay , new s tudent s di s cove r th at life as a blind pers on ca n be s o much more than they ever imagined. They are s urrounded by blind s taff and in s tructors who d e mon s trate this reality in their dail y li ves. ,C. lndepende.nt Residential Living Student s live on the ir own in a high quality apartment complex. T he y lea rn to m ainta in their homes, cook, s hop, a nd parti cipa te in a re a recreational ac tMti es. ,C. Sleepshades All s tude nt s wit h resi dua l v1s 1o n wea r slcepshad es to stre ngthen their re li an ce o n thei r ot her sen ses a nd a lternative ski ll s. T his buil d s the stud ent s' confidence in t heir ability to app roach a ll life situ ation . mjoy 1h ,..;.u ,-anny of ouldOCf' ,,aiviti 1lrar Cc>lorado ojfm. ActMiiN suclr a.s roclt rlimbing, ·;,,g, K"lri/N<Wtr rufiin , and /t ilting r""1/ntgtt sz,;dmzs 10 pu$/t /Mir limilS -.1 a/lain •·lta1 1,U,· 14otclll • ttffpcmi};k. ' --· 0 The National Federation of the Blind Jernigan Institute. the first of its kind developed and operated by an organization of blind people, leads the quest to understand the real problems of blindness and to develop innovative education, technologies, products, and services that help the world's blind to achieve independence. ~ National Federation of the Blind Jernigan Institute ' • • - Betsy Zaborowski. Psy.D. £xecu 1ive Direcror Jernigan /ns rirure •• • • 0 The establishment of the National Federation of the Blind Jernigan Institute marks an historic milestone for the National Federation of the Blind and blind people throughout the world . The programs, services, research , and technology of the Institute will reflect the consumer perspective and be responsive to the pragmatic needs of the blind in a way unique to an organization of blind persons. We invite you to help us by sharing your ideas, talents, and treasure. NFBMembels lnstttule Advisory Boa«:I and Program Wolklng Groups Na11ona1 Cenlef tor llnd Youth In Science NF B Jemlgan lnlttlule Executllle DINlctor and Slaff E011V childhood lrNl*llkll• °'*--- llndNa--.~ Pl:Nrll ~ • ()UIN)~.n ' • • ·• • • 0 l ~argeted Goals of the Institute I. Attitudes-Substantially shift the public's understanding of blindness to a perception that , with proper training, attitudes, and opportunity, blind people can achieve commensurate with their abilities II. Technology-Increase development and commercialization of technology solutions useful for the blind Ill. tctucation-Expand educational opportunities for blind youth, with emphasis on early intervention programs, the acquisition of blindness skills, and access to quality math and science education ~ Outreach-Increase independence of blind persons, especially seniors experiencing severe vision loss, through exposure to a hopeful , piagmatic attitude toward blindness and the resources needed to sustain optbnal vitality V. Philosophy-Implement the rehabilitation philosophy and practices endorsed by the NFB , including emphasis on attitude change, blind role models, competent mobility training that is based on the discovery method, and other useful strategies VI. &alle Uteracy-Improve opportunity for full literacy among blind penons VII. Empillyment-Decrease the 74 percent unemployment rate among working-age blind people through innovative employment interventions N ional Federation of the Blind Jernigan Institute Five Year Plan ployment 8f outreach ' Pf 8fl8Uf ITolning IT'p,oyment toclols ,-ch hoOl-fo.WOllt hOnSltlon Mentonng Vlltual lnc ubalOr Ac<*l lechnOiog'( piomollol\ Technleal • bu*wa aipport ReNoleh l)Ql1nellh!pl COOIIUII'* INting , •nallaual locllle and Technok>lirt C..., -dlltO.-allaii . ~ ce,,lar PQcllll lecd'II macNN Nanwllual occea c..-callan ' • • We have dreamed We have planned We have built And now with your help we will create ~ National Federation of the Blind Jernigan Institute a future full of opportunity How CZJm,t; Can Help!! • Make a gift and/or a pledge to the '0~ Fund to help support the Jernigan Institute, this nation's center of innovation for the blind • Help spread the word about the Institute, encouraging others to get involved by sharing time, talent, or treasure What Is the 'B~ Fund? The 'O rruuµnauon, Fund was established at the time of the Grand Opening of the National Federation of the Blind Jernigan Institute on January 30, 2004, with the goal of providing support for the work of the Jernigan Institute. Each year a financial goal will be set, and members, friends , colleagues, and supporters of the National Federation of the Blind will be asked to make a gift or pledge , thus ensuring that the initiatives of the Jernigan Institute are advanced . Your gift will : • Make science and math a real possibility for blind children • Provide hope for seniors losing vision • Create a state-of-the-art library on blindness • Advance technology helpful for the blind • lrain and inspire professionals working with the blind • Give parents critical information helpful to their blind children • Mentor blind people trying to find jobs • Gu a rantee that you are a pan of the NFB dream ' • • - cSl{bout the National Federation of the Blind The .11ion.1l Federation of th e Blind ( FB) i s th e larges t organiz,1lion of the blind in thi s country. Founded in 1940 , the Federation's purpose i s to serve .1s ,1 vehicle ior co ll ective action by th e blind and as .1 mech - anism to help blind peo ple .1chi eve se lf-confidence . se lf-respec t , ,1nd se lf-d etermin,1tion . Our go.i i i s th e comp l et e integra tion of th e blind into soc iet y on .1 ba sis of equ,1lity. With more th.111 fift y thou s,1n d members from over seve n hundred loc.11 .1nd st.1t e .1ffili.1te s covering all fifty st,1te s, plu s the Di st rict of Co lumbi.1 and Pu erto Rico , th e Federation i s trul y the voice of the n.1tion 's blind. For more inform.1tion or to cont.1ct the ,1tion,1l Feder.1tion of th e Blind Jernig,111 In stitute: A NFB 1110 I 1J I de 1,Hlllll Jern igan Institute 1800 Johnson Street B.1Itimore. M.1ry lancl 21230 (4 10) 659 -9314 , ex t. 2357 W\\ w. n fb.org National Federation of the Blind Marc Maurer, President 1800 Johnson Street Baltimore, Maryland 21230 l'ltotN 410 659 9314 Fu 410 685 5653 www.ntb.org .· • • National Federation of the Blind ( \mice of the Nation's Blind .. • • t • •